Yashwant Baburao Kumbhar And ORS v. Sarjerao Mahadu Kumbhar (Decd) Through Lr. Smt. Shalan Kumbhar And ORS

28-wp-8935-2016.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8935 OF 2016 Yashwant Baburao Kumbhar & Ors.

... Petitioners V/s.

Sarjerao Mahadu Kumbhar (Deceased) Through Legal Heirs Shalan Kumbhar & Ors.

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

2024.10.17 14:36:03 +0530 SHABNOOR AYUB PATHAN Mr. Vishwanath Talkkute a/w Mr. Graham Francis for the petitioners.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 17, 2024 P.C.:

1.

The petition arises out of an application filed by the respondents (plaintiffs) seeking temporary injunction against the petitioners (defendants), the Trial Court by the impugned order dated 4th August 2014 allowed temporary injunction application of respondents. The petitioners appeal against the said order has been dismissed by the order dated 4th March 2015; therefore, temporary injunction against the petitioners is in force at least from 4th August 2014; hence, there is no need to interfere with the exercise of jurisdiction by the Appellate Court under Order 43, Rule 1 of the Code of Civil Procedure, 1908. Therefore, keeping all questions of the petitioners open to be agitated at the time of the final disposal of the suit, the petition stands disposed of. No costs.

AMIT BORKAR, J.)