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1990 Supreme(Bom) 509

N.P.CHAPALGAONKER
Nanasaheb s/o Sakharam Bhalekar – Appellant
Versus
Dattu s/o. Dhondiba Bhalekar & others – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---A question of general importance has been raised in this revision application as to whether a defendant in a suit for injunction filed by the plaintiff can be granted injunction restraining the plaintiff from obstructing his alleged possession and enjoyment of the property.

2. It is the case of plaintiff that he has purchased 2 Acres area out of Block No. 196 which in all measured 16 Acres and 28 Gunthas situated at village Nipani, Taluka District Aurangabad, from defendant No. 5 under a registered sale-deed dated 5-9-1986. Along with this land he has purchased half share in the water of the well located in the land purchased by the plaintiff. It is his case that the defendant Nos. 1 to 4 have no share in the well and since they are obstructing plaintiff's right to get the water from the said well, he was constrained to file the suit for perpetual injunction. He applied for a temporary injunction restraining the defendants from obstructing plaintiff's enjoyment of the well water to the extent of the share purchased by him. Ad interim injunction was granted ex parte in favour of the plaintiff which came to be vacated later on and a Misc. Appeal
















































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