Mr. Suresh Nanchand Shah And ORS v. Sou. Surekha Ambadas Vaidyakar

(4) WP-8643-2016.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2021.03.01 11:30:58 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8643 OF 2016 Mr. Suresh Nanchand Shah and Ors.

.... Petitioners V/s Sou. Surekha Ambadas Vaidyakar .....Respondent.

Mr. Vijaykumar A. Garad for the Petitioner.

Mr. Dilip Bodake for Respondent No.1.

CORAM: NITIN W. SAMBRE, J.

DATE: FEBRUARY 25, 2021 P.C.:- 1] The learned Counsel for the Petitioner is assailing the order of injunction on the ground that there is no prima facie case in favour of the Respondent/Plaintiff and by the order impugned, Petitioner is restrained from interfering with his possession and enjoyment. 2] The learned Counsel for the Petitioner would also invite attention of this Court to certain factual matrix so as to substantiate his aforesaid case.

3] Having regard to the fact that order of injunction is in operation 1/2

(4) WP-8643-2016.doc for last about 5 years and in the suit recording of evidence is going on, in my opinion, no indulgence is called for. Petition is disposed of. 4] The order passed by the lower appellate court shall continue to operate till decision of the suit. Hearing of the suit is expedited. In any case, suit be decided within a period of one year from today. ( NITIN W. SAMBRE, J. ) 2/2