Shri. Mhatarba Shivaji Munjal And ORS. v. Shri. Hariba Bhau Munjal And ORS.

28-11249.14 RNG

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITION NO.11249 OF 2014 1.Mhatarba Shivaji Munjal & ors .. Petitioners vs 1.Hariba Bhau Munjal & ors .. Respondents ..

Mr.Jaydeep Deo for Petitioners Mr.V.R.Kasle for Respt nos.1 to 5.

----- CORAM :

K.K.TATED, J.

DATED : 24th JANUARY, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this petition, under Article 227 of the Constitution of India, the petitioners/original plaintiff is challenging concurrent findings of facts recorded by both the Courts below rejecting their application for an order of injunction.

3.

In the present proceedings, the petitioners/original plaintiff filed Regular Civil Suit No.414 of 2013 before the Court of Civil Judge, Junior Division, Ghodnadi for an order of injunction. In that suit, the petitioners/plaintiff preferred an application for interim relief. The trial Court as well as the appellate Court rejected the petitioner's application for injunction.

4.

Considering the fact that the suit filed by the petitioner was only for injunction and concurrent findings of fact recorded by both the lower Courts, I do not find any reason to interfere in the same. Considering the fact of present case, hearing of Civil Suit No.414 of

28-11249.14 2013 is required to be expedited. Hence following order : (A) Writ petition stands dismissed.

(B) Hearing of Regular Civil Suit no.414 of 2013 pending before the Court of Civil Judge, Junior Division, Ghodnadi is expedited. (C) No order as to costs.

[K.K.TATED, J.]