Shamrao Krushna Shewale v. Ganesh Jaysing Powar And ANR

65-wp3233-2020.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3233 OF 2020 Shamrao Krushna Shewale ... Petitioner V/s.

Ganesh Jaysing Powar & Anr.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2025.01.06 16:31:37 +0530 ATUL GANESH KULKARNI Mr. Shantanu Patil i/by Mr. Abhijit Adagule for the petitioner.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 6, 2025 P.C.:

1.

The petitioner-original defendant is challenging judgment and orders passed by the Courts below, granting injunction against the petitioner restraining him from disturbing plaintiffs' possession over the suit property. The said order of injunction is in force since 11 April 2019. Hence, no interference in the impugned order is called for.

2.

Hence, keeping all contentions raised by the petitioner 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 suit on its own merits uninfluenced by the observations made in the impugned orders. 4.

Hearing of suit is expedited.

(AMIT BORKAR, J.)