Kalpana Shankar Barawade And ORS. v. Shri. Ananda Mahadeo Jadhav

78-wp11260-2017.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11260 OF 2017 Kalpana Shankar Barawade & Ors.

... Petitioners V/s.

Ananda Mahadeo Jadhav ... Respondent Mr. Bhushan Walimbe for the petitioners.

Digitally signed by ATUL GANESH KULKARNI Date:

2024.11.27 15:23:13 +0530 ATUL GANESH KULKARNI Mr. Shekhar Jagtap with Mr. Sauruchita Choudhary i/by J. Shekhar Associates for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 26, 2024 P.C.:

1.

The plaintiff in a suit for injunction restraining defendant from carrying out construction is challenging judgment and order passed by the Courts below rejecting application for temporary injunction, restraining defendant from carrying out construction over the suit property.

2.

The Trial Court, recording an undertaking filed by the defendant stating that in case ultimately the construction is held to be not in accordance with law, he will remove such construction, rejected petitioner's application for temporary injunction. The Appellate Court dismissed the appeal filed against such order. 3.

There is no injunction running in favour of the petitioner at

78-wp11260-2017.doc least since 19 July 2017. Moreover, the undertaking filed by the defendant takes care of the apprehension of the petitioner. Hence, no interference is called for.

4.

The writ petition is thus dismissed. No costs. (AMIT BORKAR, J.)