Disposed¶16

Sunil S/O. Ganpat Nimbalkar v. Sou. Chanda W/O. Pralhad Shende and Others

Bombay HC6 May 2026CAW/1162/2026

Case brief

AI extract

What is this about?

Nagpur Bench; CIVIL APPLICATION (W) NO. 1162 OF 2026 IN WRIT PETITION NO. 3905 OF 2026; Sunil s/o Ganpat Nimbalkar v. Sau. Chanda w/o Prahlad Shende and Ors.; ad-interim injunction; temporary injunction; restraint on construction activity; disputed plots Plot Nos.1 & 2; Miscellaneous Civil Appeal before District Court; interim order dated 03.04.2024; notice returnable 17.06.2026; private mode of service; Prafulla S. Khubalkar, J.; advocate N.R. Bhishikar; order dated 06.05.2026.

What did the court decide?

Interlocutory order: respondents noticed (returnable 17.06.2026), petitioner permitted private-mode service with affidavit of service by next date, and ad-interim injunction granted in terms of prayer clause (i) till next date; final disposal deferred. ¶16

Sunil S/O. Ganpat Nimbalkar vs Sou. Chanda W/O. Pralhad Shende and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be granted a temporary/ad-interim injunction restraining the respondents from proceeding with construction activity on the disputed plots (Plot Nos. 1 & 2) pending hearing of the civil application.

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Court's answer

Notice ordered to be issued to the respondents on the civil application, returnable on 17.06.2026.

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Ratio / Principle

Petitioner permitted to serve the respondents by private mode in addition to regular mode of service, and to file affidavit of service by the next date.

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Key takeaways

Having regard to the contention that an interim relief operated in the petitioner's favour during pendency of the Miscellaneous Civil Appeal, ad-interim injunction granted in terms of prayer clause (i) till next date.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Nagpur Bench (Prafulla S. Khubalkar, J.), order dated 06.05.2026, in Civil Application (W) No. 1162 of 2026 in Writ Petition No. 3905 of 2026 (Sunil s/o Ganpat Nimbalkar v. Sau. Chanda w/o Prahlad Shende and Ors.). The petitioner sought a temporary injunction restraining the respondents from proceeding with construction activity on the disputed plots, apprehending resumption of construction after the decision of a Miscellaneous Civil Appeal before the District Court, during whose pendency an interim order dated 03.04.2024 had restrained the respondents from raising construction blocking the petitioner's Plot Nos. 1 & 2. The Court issued notice to the respondents (returnable 17.06.2026), permitted service by private mode in addition to regular mode with affidavit of service by the next date, and, having regard to the interim relief that had operated in the petitioner's favour during the appeal, directed ad-interim injunction in terms of prayer clause (i) till the next date.

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1 / 2 903.wp3905.2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (W) NO. 1162 OF 2026 IN WRIT PETITION NO. 3905 OF 2026

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Sunil s/o Ganpat Nimbalkar Vs. Sau. Chanda w/o Prahlad Shende and Ors.

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr. N.R. Bhishikar, Advocate for petitioner.

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CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 06.05.2026

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This is an application filed by the petitioner for temporary injunction to restrain the respondents from proceeding further with any construction activity on the disputed plots.

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Issue notice to the respondents on the civil application, returnable on 17.06.2026.

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The petitioner is permitted to serve the respondents by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date.

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Learned counsel for the petitioner submits that during pendency of the Miscellaneous Civil Appeal before the District Court, by virtue of an interim order

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Prity

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2 / 2 903.wp3905.2026

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dated 03.04.2024, the respondents were restrained from raising any sort of construction by blocking the petitioner’s plot bearing Plot Nos.1 & 2. It is submitted that this interim relief had operated during pendency of the appeal and now after the decision in the appeal, the petitioner is apprehending that the respondents will continue with the construction. The petitioner has filed this separate application for injunction in this petition.

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Having regard to the contentions canvassed and considering the fact that an interim relief was operating in favour of the petitioner during pendency of the appeal, it is directed that there shall be ad-interim injunction in terms of prayer clause (i), till next date.

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(Prafulla S. Khubalkar, J.)

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Signed by: Mrs. Prity Gabhane Prity Designation: PA To Honourable Judge Date: 08/05/2026 16:07:56

Sunil S/O. Ganpat Nimbalkar v. Sou. Chanda W/O. Pralhad Shende and Others

Case brief

What is this about?

What did the court decide?

Sunil S/O. Ganpat Nimbalkar v. Sou. Chanda W/O. Pralhad Shende and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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