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2014 Supreme(SC) 267

GYAN SUDHA MISRA, V.GOPALA GOWDA
Ramesh Vajabhai Rabari – Appellant
Versus
Pratiksha Real Estate – Respondent


Advocates Appeared:
For the Appellant:Jay Savla, Renuka Saha, Advocates.
For the Respondent:E.C. Agrawala, Vikas Mehta & Abha R. Sharma, Advocates.

Judgment :-

Gyan Sudha Misra, J.–

1. These special leave petitions assail the judgment and order dated 18.6.2013 passed by the Division Bench of the High Court of Bombay in Appeal No. 683 of 2012 arising out of Notice of Motion No. 16783 of 2007 in Suit No. 1280 of 2007 which has reversed the judgment and order of the learned Single Judge who was pleased to grant an order of injunction in favour of the petitioner Ramesh Vajabhai Rabari.

2. The special leave petitions are still at the admission stage and the entire dispute between the parties essentially revolves around the scrutiny of factual dispute and there is hardly any question of law much less substantial question of law involved in these special leave petitions so as to entertain the same under the parameters of Article 136 of the Constitution. In spite of this and in order to obviate any possibility of miscarriage of justice to either of the contesting parties on account of vacating the order of injunction, we granted liberty of hearing at some length to the counsel for the parties and hence thought it appropriate to assign the reasons substantially.

3. In order to examine the merits and demerits of the case of the contesting p











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