Abdul Sultan Jakate And Another v. Shahaji Kisan Shinde Since Deceased 1 Urmila Shahaji Shinde And ORS

26-CA-15450-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15450 OF 2022 IN APPEAL FROM ORDER NO. 65 OF 2022 Abdul Sultan Jakate and another ... Appellants

Versus

Shahaji Kisan Shinde Since Deceased Through LRs Urmila Shahaji Shinde and others ... Respondents ....

Mr. S.S. Gangakhedkar - Advocate for Appellants ....

CORAM : R.M. JOSHI, J.

DATE : 10th March, 2023 PER COURT :

1.

Heard.

2.

Learned counsel for the appellants states that by order dated 23rd January, 2012, passed below exhibit 5 in Regular Civil Suit No. 95 of 2011, defendants / respondents were restrained from interfering into the possession of the plaintiffs suit property. He contends that after dismissal of the suit, learned trial Court has refused to extend the order of injunction. So also, learned first appellate Court has denied injunction to that effect by rejecting application exhibit 7 in Regular Civil Appeal No. 11 of 2021. 1/2

26-CA-15450-2022 3.

Prima facie, perusal of material on record indicates that an injunction was continued in favour of appellants for about eight years. Till the respondents are heard in the matter, the same needs to be continued.

4.

Hence, ad-interim relief in terms of prayer clause (b), till next date of hearing.

5.

Civil Application is disposed of.

[ R.M. JOSHI, J. ] SPChauhan 2/2