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BOMBAY HIGH COURT
M. S. SONAK, J
Shri Mahadev Ramchandra Vaze – Appellant
Versus
Shri Sagun Sajro Gaddi, alias Ghadi – Respondent
| Table of Content |
|---|
| 1. case background detailing parties and prior legal actions. (Para 1 , 2) |
| 2. reversal of the mandatory injunction order by the appeal court. (Para 3 , 4 , 5) |
| 3. court observations on evidence and the necessity of prior photo comparisons. (Para 6 , 7 , 8 , 9 , 12) |
| 4. arguments about the respondents' actions during litigation. (Para 10 , 11) |
| 5. final ruling emphasizing the lack of irreparable harm and denial of relief. (Para 15 , 16 , 18) |
ORAL JUDGMENT :
2. This petition is directed against the judgment and order dated 04.12.2015 by the District Court (Appeal Court) reversing the Trial Court's order dated 05.07.2012. The Trial Court, by the order dated 05.07.2012, had issued a mandatory injunction at the temporary stage directing the respondents to demolish/remove the constructions put up by them allegedly during the pendency of the suit. The constructions are of the residential houses of the respondents.
3. Mr Thali, the learned Counsel for the petitioners, clarifies that the challenge is only to the extent of reversal of the order of mandatory injunction. He points out that the Trial Court had restrained
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