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MILIND N. JADHAV
Sumati Ganpat Mahajan (Since Deceased)Thru. Lrs. Suhas Ganpat Mahajan – Appellant
Versus
Prabhakar Laxman Dhage, Thru. Poa Suyog Prabhakar Dhage – Respondent
JUDGMENT :
1. Heard Mr. Shetye, learned Advocate for Applicants and Mr. Kamble, learned Advocate for Respondent Nos. 1(a) to 1(d).
2. By consent of parties, present Civil Revision Application is taken up for final hearing. Revision Applicants are Defendants before Trial Court. Respondents - Plaintiffs filed Suit being Reg. Civil Suit No. 53/2014 against original Defendants. Org. Defendant Nos. 1 and 2 expired in the interregnum and their legal heirs are the Revision Applicants before me along with original Defendant No. 3. Original Plaintiff has also expired and legal heirs are the Plaintiffs in the Suit. Original Defendant No. 1 is the mother of Defendants. Defendants are aggrieved with the rejection of their application filed below Exh. 128 under O. VII R. 11(d) of the CPC. Defendants sought rejection of the Suit plaint in the facts and circumstances governing the dispute between the parties.
3. Learned Trial Court while passing the impugned order rejected the Application despite returning a finding that the contention of Defendants is a valid ground for rejection of injunction. Plaintiff has filed Suit seeking relief of perpetual injunction and nothing more. Suit plaint is annexed
A suit for injunction can be maintained based on possession derived from a registered agreement for sale, despite the absence of a formal sale deed.
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
The court emphasized the need to consider the maintainability of the suit and the balance of convenience before granting an injunction. It also highlighted the relevance of the time fixed for perform....
A suit for permanent injunction requires valid title; without adherence to statutory requirements for land transactions, such claims are unsustainable.
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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