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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Shrihari Madhav Wagh – Appellant
Versus
Pandurang Gopal Wagh – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally.
2. This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dated 13 April 2022 passed by the learned District Judge, Satara in Misc. Civil Appeal No.7 of 2022, whereby the appeal preferred by Respondent Nos.1 to 3 – Plaintiff Nos.1 to 3, came to be allowed by setting aside the order dated 23 December 2021 passed by the learned Civil Judge, Phaltan on an application for temporary injunction (Exh. 23) in RCS No.16 of 2021, and thereby restraining the Defendants from causing obstruction to the possession and cultivation of the Plaintiffs of the land admeasuring 3 acres out of the suit lands described in paragraph No.1 of the plaint, till the final disposal of the suit.
3. Respondent Nos.1 to 3 and the successors in interest of their siblings instituted a suit for partition and separate possession of their 26/96th undivided interest in the suit lands with the assertion that Tukaram Rawaji Wagh was the common ancestor. He had two sons; Gopal, who passed away on 23 July 1965, and Balu, who passe
The appellate court cannot interfere with discretionary orders unless evidence indicates arbitrary or capricious decisions by the trial court.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
The main legal point established in the judgment is the need to prove the nucleus with which property could be acquired under Hindu Law, the application of the principle of lis pendens, and the discr....
The main legal point established in the judgment is that the suppression of material facts and the failure to establish a prima facie case for securing a temporary injunction can lead to the quashing....
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
(1) Law permits a co-sharer to continue to remain, ad infinitum, in exclusive possession of a particular parcel and, subject to well recognised prohibitions, even make constructions on it. Exclusive ....
remedy of a co-owner not in possession, or not in possession of a share of the joint property, is by way of a suit for partition or for actual joint possession, but not for ejectment. Same is the cas....
The Appellate Court should not interfere with a trial judge's discretion regarding injunctions unless the decision is arbitrary or perverse, especially in cases involving significant infrastructure p....
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