Shri. Sunilchandra Gulshanrai Vohra v. Manoj Rajendraprasad Agarwal
SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2022.06.06 18:37:50 +0530 14 wp 1865 of 2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1865 OF 2016 Shree Sunilchandra Gulshanrai Vohra ...
Petitioner versus Manoj Rajendraprasad Agarwal ...
Respondent None present for the Petitioner.
None present for the Respondent.
CORAM: N.J.JAMADAR, J.
DATE :
6th JUNE, 2022 P.C.
1.
None present for the Petitioner.
2.
The challenge in this Petition is to the order dated 28th April, 2014 passed by the learned Civil Judge, Senior Division, Panvel, Raigad, on an Application for temporary injunction (Exhibit
5) in Special Civil Suit No.89 of 2012.
3.
The Respondent-Plaintiff instituted the above Suit for perpetual injunction against the Petitioner, restraining the Petitioner from dealing with and/or disposing of and/or in any manner developing the Suit Land Survey No.147/1D admeasuring 0.34H and Survey No.147/2 admeasuring 0.95 H situated at Village Umbre, Taluka Khalapur, Dist. Raigad.
4.
In the said Suit, the Respondent preferred an Application SSP 1/2
14 wp 1865 of 2016.doc for temporary injunction. By impugned Order dated 28th April, 2014, the learned Civil Judge, Senior Division, Panvel, was persuaded to allow the Application and restrain the Petitioner-Defendant from dealing with, disposing of the suit property or developing the same till the disposal of the Suit.
5.
Evidently, the impugned order is passed under the provisions of Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908. The said order is appealable under the provisions of Order XLIII Rule 1 (r) of the Code, 1908. It does not appear that the Petitioner-Defendant has availed the remedy of Appeal expressly provided by the Code.
6.
Hence, the Petition stands disposed.
7.
This order will not, however, preclude the Petitioner from availing the remedy of appeal, if so advised. In such an eventuality, the question of limitation shall remain open for consideration. ( N.J.JAMADAR, J. ) SSP 2/2