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2023 Supreme(Bom) 124

SANDEEP V. MARNE
Hemant Vasant Jagtap – Appellant
Versus
Haji Abdul Malik Haji Yunusisa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R.M. Haridas, Advocate
For the Respondent:Mr. Anilkumar Patil, Advocate, Mrs. V.S. Nimbalkar, AGP

JUDGMENT :

1. Rule, returnable forthwith. With the consent of the Learned Counsels for the parties, called out for final hearing.

2. By this petition, the petitioner challenges the order dated June 30, 2022 passed by the 4th Jt. Civil Judge, Junior Division, Malegaon rejecting petitioners’ application for providing police protection to assist them in cultivating the suit land in pursuance of the order of interim injunction passed in his favour.

3. The suit is filed by the petitioners-plaintiffs seeking permanent injunction against the defendants from interfering in their possession over the suit property. In application filed for temporary injunction, the trial Court was pleased to pass the order dated January 7, 2022 temporarily restraining the defendant no.1 from causing any kind of obstruction to the possession of the plaintiffs over the suit property. It is contended that defendant no.1 has filed an Appeal before the District Court challenging the order of temporary injunction. However, it is a common ground that till date, the order trail court dated January 7, 2022 is neither stayed nor varied by the Appellate Court. The order of injunction continues to operate.

4. Petitioners fi

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