Suman W/O Dattatraya Jadhav Thr. ... vs Raghunath S/O Tulaji Shinde Decd. ...
2021 Latest Caselaw 10440 Bom

                                                                              (16) WP-3764-21.doc

BDP-SPS


  BHARAT


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  DASHARATH
  PANDIT


  Digitally signed




                                      CIVIL APPELLATE JURISDICTION
  by BHARAT
  DASHARATH
  PANDIT
  Date: 2021.08.07
  17:41:37 +0530




                                       WRIT PETITION NO. 3764 OF 2021

                     Suman W/o Dattatraya Jadhav & Ors.                .... Petitioners.
                          V/s
                     Raghunath S/o. Tulaji Shinde and Ors.             ..... Respondents

                     Mr. Abhishek Kulkarni for the Petitioners.

                                         CORAM: NITIN W. SAMBRE, J.

                                         DATE:      AUGUST 05, 2021
                     P.C.:-

                     1]       Counsel for the Petitioners/Plaintiffs would urge that in spite of

confirmed order of temporary injunction, Respondent No.1/original

Defendant No.1 had sold the property and committed breach of

injunction order. According to him, in view of admission given by

Defendant No.1, order of attachment under Order 39 Rule 2A of the

Code of Civil Procedure Code was passed on 4/2/2020. However, on

technical ground same was set aside by the Trial Court vide order dated

2/2/2021 passed below application-Exhibit-253 filed by Defendant

No.8 i.e. Respondent No.8 herein which is under challenge. He would

invite attention of this court to the judgment of this Court in the matter

(16) WP-3764-21.doc

of Rampyaribai & Ors. vs. Niladevi & Ors reported in 2007(5) All

MR 95 so as to claim that Trial Court has erred in holding that even

after breach of injunction, proceedings initiated under Order 39 Rule

2A are required to be tried as independent proceedings in case there is

admission of such breach by the party to the suit. He submitted that

law laid down in the matter of Rampyaribai cited supra, will not be

applicable to the facts of the present case.

2] In view of above, issue notice to Respondents for final disposal,

returnable on 8th September, 2021.

( NITIN W. SAMBRE, J. )