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Bombay High CourtCAW/1162/2026ca disposed off

Sunil S/O. Ganpat Nimbalkar v. Sou. Chanda W/O. Pralhad Shende And Others

2026-05-06Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO. 1162 OF 2026 IN WRIT PETITION NO. 3905 OF 2026 Sunil s/o Ganpat Nimbalkar Vs. Sau. Chanda w/o Prahlad Shende and Ors. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. N.R. Bhishikar, Advocate for petitioner.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 06.05.2026 This is an application filed by the petitioner for temporary injunction to restrain the respondents from proceeding further with any construction activity on the disputed plots.

2.

Issue notice to the respondents on the civil application, returnable on 17.06.2026.

3.

The petitioner is permitted to serve the respondents by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date.

4.

Learned counsel for the petitioner submits that during pendency of the Miscellaneous Civil Appeal before the District Court, by virtue of an interim order Prity

2 / 2 903.wp3905.2026 dated 03.04.2024, the respondents were restrained from raising any sort of construction by blocking the petitioner's plot bearing Plot Nos.1 & 2. It is submitted that this interim relief had operated during pendency of the appeal and now after the decision in the appeal, the petitioner is apprehending that the respondents will continue with the construction. The petitioner has filed this separate application for injunction in this petition. 5.

Having regard to the contentions canvassed and considering the fact that an interim relief was operating in favour of the petitioner during pendency of the appeal, it is directed that there shall be ad-interim injunction in terms of prayer clause (i), till next date. (Prafulla S. Khubalkar, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 08/05/2026 16:07:56 Prity