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SANDEEP V. MARNE
Ravikiran Vasant Gore – Appellant
Versus
Sainath Enterprises Partnership Firm – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final hearing.
2. In these Petitions, judgment and order dated 25 January 2021 passed by the District Judge-II, Panvel, Raigad in Misc. Civil Appeal Nos.260/2019 and 258/2019 are under challenge. By that judgment and order, the District Court has allowed the Appeals and has set aside the order of temporary injunction dated 29 October 2018 passed by the Joint Civil Judge Senior Division, Panvel in Special Civil Suit No.459 of 2016. Petitioner is thus aggrieved by lifting of temporary injunction clamped by the Trial Court on Defendant Nos. 3 to 5 from further developing suit property as well as from alienating the same.
3. Facts, in a nutshell, are that Petitioner is the Plaintiff in Special Civil Suit No.459 of 2016 filed against his sister (Defendant No.1), his mother (Defendant No.2), purchasers of the suit property (Defendant Nos.3 and 4) and the Developer (Defendant No.5). The suit is filed seeking declaration of share of Petitioner-Plaintiff in the suit property. Petitioner-Plaintiff has also sought a declaration that the deed of revocation of will dated 27
The main legal point established in the judgment is that the validity of a property transaction during the pendency of a suit is subject to the outcome of the suit, and the Court may grant injunction....
The main legal point established is the application of the principles of granting interlocutory injunction, emphasizing the need to protect the plaintiff against irreparable injury and injustice.
Suit for declaration and injunction filed more than five decades after gift deed was executed, cannot be decreed in favour of plaintiff.
The main legal point established in the judgment is that suits for injunction can be maintainable without seeking declaratory relief if the gift deed precedes the subsequent sale deed, and the plaint....
The court emphasized the importance of clear, unambiguous, and unconditional admissions for the exercise of discretion under Order XII Rule 6 of the CPC and highlighted the principle that possession ....
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
A suit for injunction is not maintainable when the defendant disputes title, necessitating a comprehensive suit for declaration and partition.
(1) Interlocutory injunction—Appellate Court can interfere with order of trial court when it is found that discretion has been exercised by trial Court arbitrarily or capriciously or perversely or wh....
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