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Bombay High CourtWP/1754/2018disposed off

Appasaheb Mayappa Sawant And ORS. v. Popat Namdeo Waghmare

2024-12-04Hon'Ble Shri Justice Amit Borkar2 pages

7-wp-1754-2018.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1754 OF 2018 Appasaheb Mayappa Sawant & Ors.

... Petitioners V/s.

Popat Namdeo Waghmare ... Respondent SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.12.04 16:44:31 +0530 Mr. Umesh Mankapure a/w Mr. Nilesh Wabale with Mr. Aditya M. Rakh for petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 4, 2024 P.C.:

1.

The defendants are challenging order of injunction passed by the Trial Court restraining the defendant Nos.1 to 4 from alienating the suit property and restraining defendant No.5 from disturbing plaintiffs' possession over the suit property. The impugned order is dated 28th November 2017. The said order was stayed by the Appellate Court and was continued by this Court till 22nd March 2018. However, since 22nd March 2018, there is no interim relief running in favour of petitioners. With the result, the injunction against the petitioners has already in force since 22nd March 2018 till today. Hence, no interference is called for.

7-wp-1754-2018.doc 2.

However, all contentions raised by the petitioners on merits can be raised before the Trial Court at the time of final hearing of the suit. The writ petition stands disposed of. (AMIT BORKAR, J.)