Rajendra Sahasram Patle And ORS.. v. Munnilal Tekchand Parihar
1 902wp4147.2026..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4147 of 2026 (Rajendra Sahasram Patle and ors Vs. Munnilal Tekchand Parihar) --------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------------- Mr. S.G. Karmarkar, Advocate for petitioners. CORAM: RAJNISH R. VYAS, J.
DATE: 14.05.2026 Heard.
2.
The original plaintiffs have approached this Court challenging the judgment and order passed by the Appellate Court by which the injunction granted by the Trial Court was set aside.
3.
The learned counsel for the petitioners has contended that they are the owners and possessors of the suit property and are running rice mill on the suit land. According to him, the petitioners/plaintiffs filed Regular Civil Suit No. 4/2026 for declaration and permanent injunction along with an application for grant of injunction, which was allowed by the Trial Court.
4.
The Appellate Court, in Misc. Civil Appeal No. 21/2026 has ruled in favour of the original defendant thereby had set aside the order of injunction passed by the Trial Court. As per the order passed by the Appellate Court, the petitioners
2 902wp4147.2026..odt are restrained from using the suit property. Considering the fact that the Trial Court had granted injunction and Appellate Court has reversed the order, till filing of the reply, I find it necessary to pass the following order.
ORDER
i) Issue notice to the respondent, returnable on 09.6.2026.
ii) In the meantime, there shall be stay to the order dated 4.5.2026, passed by the Principal District Judge, Bhandara, in Misc. Civil Appeal No. 21/2026.
(RAJNISH R. VYAS, J.) Belkhede, PS