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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Advait M.Sethna
Municipal Corporation of Greater Mumbai – Appellant
Versus
Mahendra Builders – Respondent
| Table of Content |
|---|
| 1. background of the property dispute (Para 2 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. arguments for the appellant against the learned single judge's order (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26 , 30 , 31 , 32 , 33) |
| 3. overview of appellate court's discretion on injunction orders (Para 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 4. court’s substantive analysis of the learned single judge's decision (Para 52 , 54 , 55 , 62 , 63 , 64 , 66 , 69) |
| 5. conclusion on the appeal (Para 80 , 81) |
JUDGMENT :
M. S. Sonak, J.
1. Heard learned Counsel for the parties.
PRELIMINARIES
2. The learned Counsel for the parties state that both these Appeals can be disposed of by a common judgment and order, since they challenge the order dated 11 February 2019 disposing of Notice of Motion No. 1115 of 2005 in Suit No. 3553 of 2004, along with Notice of Motion No. 1320 of 2013.
3. There was a 315-day delay in instituting Appeal No. 45 of 2023 (earlier Appeal (ST) No. 29 of 2020). By order dated 10 January 2023, a Co-ordinate Bench declined to condone the delay and, consequently, this Appeal was dismissed. However, the Municipal Corporation of Greater Mumbai (MCGM) took the matter before
Possession cannot be disturbed without due process of law, and the exercise of discretion in granting injunctions must consider established possession and potential irreparable harm.
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
Permanent injunction – A person cannot have benefit of protection order from Court when he has failed to prima facie establish his right to remain in possession of property.
The judgment emphasizes the distinction between lease and license, the interpretation of 'due process of law' in the context of eviction of a licensee, and the importance of a judicial determination ....
A property owner can seek an injunction against unauthorized construction on their property without necessarily claiming possession, especially when the construction affects their rights and interest....
To secure a permanent injunction, a plaintiff must establish lawful possession at the time of filing; mere historical claims without current evidence are insufficient.
The suit for possession was maintainable without seeking a declaration of title as the plaintiff's title was not challenged, and the appellant's possessory claim was derived from a lease deed with a ....
The court established that in eviction proceedings under the Bombay Rent Act, the landlord's title is irrelevant; only the landlord-tenant relationship needs to be proven.
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