Mr. Narottam Jivraj Suchde And Ors vs Mr. Vishal Shaymsundar Kalantri
2021 Latest Caselaw 11608 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                     CIVIL REVISION APPLICATION NO.329 OF 2019



     Mr. Nimesh Narottam Suchde & Anr.                    .... Applicants

                      Vs.

     Mr. Vishal Shyamsundar Kalantri                    ....     Respondent


     Mr. Jaideep Mitra i/by Mr. Ramprakash Pandey for Applicants.
     None for Respondent

                                         Coram : NITIN W. SAMBRE, J.

Date : 23rd AUGUST, 2021

P.C.:

1. In response to the Court's query on the maintainability of

the present Revision Application, which is preferred directly against the

order of rejection of Exhibit 5, i.e. prayer for grant of temporary

injunction, by relying on the judgment of this Court in the matter of

Shobha Dinesh Supare and Anr. Vs. Dinesh Namdeorao Supare,

reported in 1993 Maharashtra Law Journal, page 910, learned counsel

submits that since the appeal against the order is not maintainable and

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the Court has ruled against the order of rejection of Exhibit 5 i.e. prayer

for grant of temporary injunction before the first Court, a revision is

maintainable.

2. In substance, the submissions are, in case if the suit is

preferred before the Court of Civil Judge, Senior Division, an application

Exhibit 5 i.e. prayer for grant of temporary injunction is rejected, the

appeal shall not lie before the learned Sessions Court, but straightaway

Civil Revision Application under Section 115 of Code of Civil Procedure

against such order is maintainable before this Court.

3. Learned counsel seeks time to prepare the matter so as to

substantiate his contentions on merits.

4. Accordingly, adjourned to 6th September, 2021, as prayed.

( NITIN W. SAMBRE, J.)