Sau. Pramila W/O. Santosh Zanwar v. Satynarayan S/O. Sevaramji Rathi And Others

2025:BHC-NAG:8774 1 AO 55 of 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO.55 OF 2023 WITH CIVIL APPLICATION (A) NO.13 OF 2024 Sau. Pramila W/o. Santosh Zanwar --- .Vs. --- Satyanarayan S/o. Sevaramji Rathi and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Abhijit P. Barahate, Advocate for Appellant. Ms. K.E. Meshram h/f Mr. M.G. Sarda, Advocate for Respondent Nos.1, 2 and 5.

Mr. Chinmay S. Dharmadhikari, Advocate for Respondent No.4. CORAM : ROHIT W. JOSHI, J.

DATED : 04th SEPTEMBER 2025 1.

The appellant-original plaintiff points out the order dated 05.09.2022, passed by learned 3rd Jt. Civil Judge Senior Division, Washim, rejecting the application for grant of temporary injunction filed vide Exh.05 in Special Civil Suit No.59 of 2021. 2.

Perusal of the order indicates that the predominant reason for rejecting the application is that description of the suit property in the plaint and the application for grant of temporary injunction is not proper.

3.

In view of the above, Appeal Against Order stands dismissed granting liberty to the appellantoriginal plaintiff to file an application for amendment of plaint in order to show the correct description of

2 AO 55 of 2023.odt the suit property in the plaint and to file afresh application for grant of temporary injunction with correct description of the suit property.

4.

It is clarified that the rejection of the application for grant of temporary injunction by way of the impugned order will not come in the way of the appellant-original plaintiff in praying for temporary injunction afresh.

5.

In view of the above, Civil Application (A) No.13 of 2024 is also disposed of.

(ROHIT W. JOSHI, J.) asd