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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAFULLA S.KHUBALKAR
Amol, S/o. Dhanraj Kohale – Appellant
Versus
Pandurang, S/o. Manikrao Nikam – Respondent
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
1. Heard. RULE. Rule is made returnable forthwith. Learned counsel for the petitioner as well as learned counsel for the respondent have advanced elaborate arguments and the matter was heard extensively at the stage of final disposal.
2. By this petition, the petitioner / original defendant has raised a challenge to the judgment and order dated 11.03.2025 passed by the District Judge-1 & Additional Session Judge, Warud, allowing the appeal bearing Misc. Civil Appeal No.4/2023 and reversing the order of temporary injunction passed by the Trial Court. This case deals with an interesting issue about entitlement of the plaintiff for temporary injunction for right of an approach way based on an easement by grant, as reflected in the recital incorporated in the Sale Deed.
3. The facts leading to the instant petition are succinctly stated below:-
i. The petitioner is original defendant and respondent is original plaintiff. The respondent herein has filed a suit bearing Regular Civil Suit No.51/2021 seeking a relief of declaration and mandatory injunction about a right of way as shown by letter ‘A’ to ‘B’ in the plaint map, which falls in the land owned by t
Sale deed recital prima facie creates easement by grant for bullock cart way, entitling temporary injunction subject to compensation for tree removal, balancing equities; appellate court may reverse ....
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
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....
The plaintiff, having established easementary right, was entitled to consequential relief of permanent injunction to prevent a multiplicity of judicial proceedings.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
A plaintiff can seek a temporary injunction to protect an easementary right even if a formal declaration of that right has not been made, provided they can demonstrate a prima facie case and the abse....
Establishing easementary rights necessitates granting a permanent injunction to prevent multiplicity of proceedings.
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