The Chairman Krushi Utpanna Bazar ... vs Subhash Abasaheb Panbhare Patil
2021 Latest Caselaw 1678 Bom

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                         3 SECOND APPEAL NO. 608 OF 2018
                      WITH CIVIL APPLICATION NO.9277 OF 2018

                  THE CHAIRMAN KRUSHI UTPANNA BAZAR SAMITI
                                  VERSUS
                      SUBHASH ABASAHEB PANBHARE PATIL

Shri. Mukul S. Kulkarni, Advocate for the appellant
Shri. P. R. Katneshwarkar h/f Shri. A. P. Avhad, Advocate for the
respondent.

                                          CORAM : M. G. SEWLIKAR, J.

DATED : 25-01-2021 P.C. :-

. Heard Shri. Kulkarni, learned counsel for the appellant and

Shri. Katneshwarkar, learned counsel for the respondent. From the

judgment and decree of the trial Court and first Appellate Court it appears

that the appellant is in possession of some portion of the property and not

on the entire property. Even if no relief of possession was claimed, the

learned trial Court and the first Appellate Court have passed the decree of

injunction over the entire property.

2. Having regard to the facts of the case following question of law

arises.

i) Whether injunction can be granted in respect of the entire property

when the trial Court and the first Appellate Court came to the conclusion

that some portion of the property is in possession of the appellant?

3. Learned counsel Shri. Katneshwarkar waives service of notice

for the respondent.

                                                        [M. G. SEWLIKAR, J.]
ssp




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