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Bombay High CourtWP/8735/2019disposed off

Shri. Balu Shankar Patil And ORS v. Shri. Laxman Pandurang Patil And ORS

2024-12-10Hon'Ble Shri Justice Amit Borkar1 pages

54-wp-8735-2019.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8735 OF 2019 Balu Shankar Patil & Ors.

... Petitioners V/s.

Laxman Pandurang Patil & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.12.11 10:21:06 +0530 SHABNOOR AYUB PATHAN None for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 10, 2024 P.C.:

1.

The petitioners (original plaintiffs) are challenging the judgment and order passed by the Appellate Court rejecting petitioners application for temporary injunction and allowing defendants application restraining petitioners from disturbing defendants' possession over the suit property. The order of injunction is in force against the petitioners since 28th March 2019. Hence, no interference is called for.

2.

Hence, keeping all contentions raised by the petitioners open to be agitated before the Trial Court at the time of hearing of the suit, the writ petition stands disposed of.

3.

The Trial Court shall decide the matter on its own merits uninfluenced by the observations made in the impugned order. (AMIT BORKAR, J.)