Sunita Sunil Inchanalkar v. Shailesh Arvind Potdar and Anr.
Case brief
What is this about?
Temporary injunction; Order 39 Rules 1 and 2 CPC; scope of inquiry is whether plaintiff is in possession; appellate court directed status quo without prima facie possession finding; impugned order in Misc. Civil Appeal No. 8 of 2023 dated 13.12.2023 quashed and set aside; appeal restored to District Judge – 2, Ichalkaranji with three-month disposal timeline; writ petition disposed, no costs; Bombay High Court, Amit Borkar, J.; WP 3728 of 2024.
What did the court decide?
Impugned order in Miscellaneous Civil Appeal No. 8 of 2023 dated 13th December 2023 quashed and set aside; Miscellaneous Civil Appeal No. 8 of 2023 restored on the file of learned District Judge – 2, Ichalkaranji; parties to appear before the District Judge – 2, Ichalkaranji on 27th January 2025 at 10:30 a.m.; appeal to be decided within three months from the date of appearance of the parties; no order as to costs.