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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
M/s. Nanded City Development and Construction Company Ltd. – Appellant
Versus
Laxman Eknath Dedge and Ors. – Respondent
| Table of Content |
|---|
| 1. challenging temporary injunctions on possession issues. (Para 2 , 4) |
| 2. arguments from both parties regarding entitlement and possession. (Para 5 , 6) |
| 3. considerations of collective rights of landowners in joint ventures. (Para 8 , 13 , 19) |
| 4. standards for granting injunctions and judicial discretion. (Para 20 , 22) |
| 5. final decision reversing previous injunction orders. (Para 24 , 25) |
JUDGMENT :
2. This Appeal is fled challenging order dated 3 October 2022 passed by the 11th Joint Civil Judge Senior Division, Pune rejecting Appellant-Plaintiff’s application at Exibit-5 for grant of temporary injunction and allowing application fled by the Respondents-Defendants at Exhibit-34 granting temporary injunction in favour of the Defendants by restraining Plaintiff from obstructing Defendants’ possession of the suit property.
3. The Appellant-Plaintiff is carrying out a phasewise development of large land parcel admeasuring 274.6977 hectares in Village-Nanded and 4.5847 hectares in Village- Khadakwasla, Taluka-Haveli, District-Pune in pursuance of Notifcation dated 23 Jan
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