Shri. Narayan Dattu Mane And ORS v. Sou. Jayshree Sunil Patil And ORS

97-wp13058-2019.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13058 OF 2019 Narayan Dattu Mane & Ors.

... Petitioners V/s.

Jayshree Sunil Patil & Ors.

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

2024.12.09 16:04:12 +0530 ATUL GANESH KULKARNI Mr. Nilesh Wable i/by Mr. Umesh R. Mankapure for the petitioners.

Mr. Akshay Kulkarni i/by Mr. Ashutosh M. Kulkarni for the respondent.

CORAM

: AMIT BORKAR, J.

DATED : DECEMBER 9, 2024 P.C.:

1.

The defendant in a suit for injunction is challenging order passed by the Courts below granting injunction against the petitioners restraining them from disturbing plaintiffs' while using suit road. The order of injunction is in favour of the respondents since 19 July 2017. 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. (AMIT BORKAR, J.)