Maruti Dattatray Mane v. Ayesha Mustsfa Jamadar

21 - SA - 11 - 2026.docx VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.11 OF 2026 WITH INTERIM APPLICATION NO.61 OF 2026 VAIBHAV RAMESH JADHAV IN SECOND APPEAL NO.11 OF 2026 by VAIBHAV RAMESH JADHAV Date: 2026.01.31 15:56:16 +0530 Maruti Dattatray Mane ... Appellant V/s.

Ayesha Mustsfa Jamadar & Ors ... Respondents Mr. Rajvardhan S. Chougule for the appellant. Mr. Yuvraj Narvankar for respondent No.1.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATED : JANUARY 30, 2026 P.C.:

SECOND APPEAL NO.

1.

I have heard Mr. Chougule, learned advocate, appearing for the appellant. He has challenged the order passed by the District Court in the first appeal. The appellant is the original Defendant No.1. The suit was filed by the plaintiff seeking a mandatory injunction, and the suit was decreed, with directions issued to Defendant No.1 to remove the compound wall and construction. The said judgment was challenged before the Appellate Court, which confirmed the order passed by the Civil Court. The appellant has now approached this Court, challenging the order of the

21 - SA - 11 - 2026.docx Appellate Court.

2.

Issue notice to the respondents, returnable 13th February 2026.

3.

To be listed High on Board.

4.

Mr. Narvankar, learned counsel, waives service of notice on behalf of Respondent No.1, as he is the caveator. INTERIM APPLICATION NO.61 OF 2026 5.

Present interim application has been filed for an interim injunction, as an injunction was granted in favor of the appellant during the pendency of the appeal.

6.

The caveator is present and opposes the application, contending that notices have already been issued and that the appellant has challenged the order of the Appellate Court, and a mandatory injunction has been granted.

7.

Issue notices to the respondents, returnable on 13th February 2026.

8.

To be listed High on Board.

(MRS. VRUSHALI V. JOSHI, J.)