Pattusha Pandurang Pawar and Ors. v. Haridas Trimbak Kshirsagar and Anr.
Article 227 of the Constitution of India – Supervisory jurisdiction – Temporary injunction
Case brief
What is this about?
Bombay High Court (N. J. Jamadar, J.), Civil Writ Petition No. 14545 of 2024, decided 30th January 2025: Article 227 petition by Defendants (Pattusha Pandurang Pawar & Ors) against Respondent-Plaintiffs (Haridas Trimbak Kshirsagar & Ors) dismissed; supervisory jurisdiction will not disturb concurrent prima facie findings that Defendants obstruct Plaintiffs' enjoyment of property 1A/1B and that no way exists from point BAEGI; SDO Revision Application No. 19 of 2015 order deemed to lack clarity; injunction orders in RCS No. 922 of 2023 upheld via Misc Civil Appeal No. 107 of 2023; no costs. Keywords: Article 227, temporary injunction, prima facie findings, supervisory jurisdiction, SDO revision order.
What did the court decide?
There being concurrent prima facie findings of facts that the Defendants are causing obstruction to the Plaintiffs' enjoyment of suit property 1A and 1B, and the Petitioners-Defendants having failed to establish that a way exists from the point of BAEGI shown in the map, such prima facie findings of facts are not open to interference in exercise of the High Court's supervisory jurisdiction.