G.S.PATEL, MADHAV J.JAMDAR
Kanaiyabhai lalbhai Contractor, of Indian Inhabitant – Appellant
Versus
Kalpesh Patel – Respondent
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:
Anand Prasad Agarwalla v Tarkeshwar Prasad & Ors
Alka Gupta v Narendra Kumar Gupta
Bai Hira Devi & Ors v Official Assignee of Bombay
Colgate Palmolive (India) Ltd v Hindustan Lever Ltd
Monsanto Technology LLC v Nuziveedu Seeds Ltd
Ramji Dayawala & Sons (P) Ltd v Invest Import
Shah Babulal Khimji v Jayaben D Kania
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.