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2022 Supreme(Bom) 767

MANGESH S.PATIL
Mohan Tejpal Tholar – Appellant
Versus
Bhaskar Bhagwan Koli – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.P. Brahme
For the Respondent: Mr. A.M. Gholap

JUDGEMENT :

Heard. Rule. The Rule is made returnable forthwith. Learned advocate Mr. Gholap waives service for the respondent Nos.1 to 6. At the request of both the sides, the matter is heard finally at the stage of admission.

2. The petitioners are the original defendant Nos.1,5 and 6 in a suit filed by the respondent Nos.1 to 6 claiming perpetual injunction restraining the petitioners from obstructing their use of couple of 9 meter wide roads originating from the western boundary of 6738.09 sq.mt. portion of the north-east corner from survey No.3 which totally admeasures 13800 sq.mt. and also for mandatory injunction directing them to remove a wall constructed across the 9 meter wide road along the western boundary of survey No.3 erected by them adjacent to their Krupa Tholar Hospital. They had also annexed a rough sketch to the plaint. By moving Application (Exhibit-5) the respondent Nos.1 to 6 prayed for a temporary injunction as also temporary mandatory injunction in terms of the main relief. The trial court rejected the Application (Exhibit-5). The respondent Nos.1 to 6 challenged that order by preferring a Miscellaneous Civil Appeal in the District Court. By the judgment and o

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