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2022 Supreme(Bom) 625

G.S.PATEL, MADHAV J.JAMDAR
Kanaiyabhai lalbhai Contractor, of Indian Inhabitant – Appellant
Versus
Kalpesh Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant Ms Ferzana Behramkamdin, Shlesha Sheth, i/b FZB & Associates.
For the Respondents: Dr VV Tulzapurkar, Mandar Soman, Sean, Wassoodew & Rupesh Mandhare, Mr SC Naidu, with Divya Yajurvedi & Pradeep Kumar, i/b CR Naidu & Co

JUDGMENT :

G.S. Patel, J.

1. The Appeal assails an order dated 25th October 2021 by a learned Single Judge made on the Appellant’s Interim Application for injunction and other reliefs in a suit for declaration and partition of immovable property[Interim Application (L) No 13158 of 2021 in Suit No. 78 of 2022].

2. We have heard Ms Behramkamdin for the Appellant at some considerable length. We have considered the material on record and studied the impugned judgment and order declining interim relief. Having considered all the material on record and the submissions on behalf of the Appellant, we are of the view that the learned Single Judge’s careful and elaborate judgment requires no interference. Indeed, we believe the view the learned Single Judge took is not only a plausible view; it is the only possible view in the circumstances of the case. We have held that the Interim Application was correctly dismissed. Our reasons follow.

3. We begin this judgment by first referring to the decision of the Supreme Court in Wander Limited v. Antox India Pvt Ltd., 1990 (SUPP) SC 727. In paragraph 14, the three-Judge Bench of the Supreme Court said:

    “14. The appeals before the Division Bench were aga

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