SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Online)(Bom) 26678

APPELLATE SIDE,BOMBAY
SANDEEP V. MARNE, J
M/s. Nanded City Development and Construction Company Ltd. – Appellant
Versus
Laxman Eknath Dedge and Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. G.S. Godbole, Ms. Shruti Tulpule
For the Respondents: Mr. Surel Shah, Mr. Shailesh D. Chavan

Table of Content
1. dispute arose from joint development and the legality of injunctions against ongoing development. (Para 2 , 3 , 4)
2. arguments presented by both parties concerning possession and rights under the joint agreement. (Para 5 , 6)
3. nature of agreements and implications for profit-sharing arrangements affecting project sustainability. (Para 7 , 8 , 10 , 12 , 14)
4. guidelines for granting interim injunction leading to a focus on irreparable harm and maintenance of project integrity. (Para 16 , 19 , 23)
5. final decision reversing the trial court's order and granting injunction to the plaintiff. (Para 24 , 26)

JUDGMENT :

  1. Admit. With the consent of the learned counsels appearing for parties, the appeal is taken up for hearing.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top