Najir Iman Siraj Deceassed and Ors. v. Vishnu Aba Vanjare and Ors.
Case brief
What is this about?
Second Appeal No. 555 of 2024 with Interim Application No. 12572 of 2024, High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Coram: Gauri Godse, J.; order dated 5 February 2025. Appellants/Applicants: Najir Iman Siraj since decd. through LRs. (Mr. N. B. Khaire); Respondents: Vishnu Aba Vanjare and Others. Appeal admitted on substantial questions of law concerning easementry rights claimed by defendants over the suit property based on the Mamlatdar's order under sub-section (2) of Section 5 of the Mamlatdar Courts Act, 1906; whether an injunction under S. 5(2) grants easementry rights; refusal of injunction by both courts below despite declaration of plaintiffs' ownership; and refusal of injunction absent any defendants' claim for declaration of easmentary right. Interim relief: no action pursuant to the Mamlatdar's order pursuant to notice dated 21st January 2025 till next date; leave to amend IA to add prayer and attach Tahsildar's order; listing on 26th February 2025 ('Admission'). Keywords: easement, easementry rights, Mamlatdar Courts Act 1906 Section 5(2), injunction, second appeal admission, Tahsildar order, interim restraint.