Pavanjeetkaur Gurujeetsingh Sandhu And Others v. Amanjeetsingh Pratapsingh Hotelwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO. 8811 OF 2024 PAVANJEETKAUR GURUJEETSINGH SANDHU AND OTHERS ....Petitioner

VERSUS

AMANJEETSINGH PRATAPSINGH HOTELWALE .....Respondent .....

Advocate for the Petitioner : Mr. S.V. Mundhe .....

CORAM

: ARUN R. PEDNEKER, J.

Dated : August 21, 2024 PER COURT :- 1.

Heard the learned counsel for the petitioners/original defendants. 2.

The learned counsel submits that there can be no injunction against the true owner, who are holding the possession of the property. The learned counsel submits that suit property was gifted by the father of the petitioners to the petitioners during his lifetime. He submits that petitioners are the owners of the suit property and holding the property through employee, who cultivates the suit land. Injunction is granted against the petitioners on the ground that the suit land is in possession of the plaintiff/respondent herein on the basis of affidavit filed by the neighbouring owner of the land. He also disputes prima facie finding of the courts below that plaintiff being in the possession of the suit property.

3.

Issue notice to the respondents, returnable on 18.9.2024. The prayer of interim relief will be considered on the returnable date. ( ARUN R. PEDNEKER, J. ) ssc/