Major Balwant Ramker Singh And Anr vs Sonu Manish Jain And Anr
2022 Latest Caselaw 1496 Bom

                                                                                23 WP 1230-21.doc

BDP-SPS-TAC


  BHARAT
  DASHARATH
  PANDIT                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  Digitally signed
  by BHARAT
  DASHARATH
  PANDIT
                                         CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 1230 OF 2021
  Date: 2022.02.16
  10:38:34 +0530




                     Major Balwant Ramker Singh and Anr.                     ....Petitioners
                           V/s
                     Mrs. Sonu Manish Jain and Anr.                          .....Respondents
                     ---
                     Mr. U. S. R. Singh for the Petitioners.
                     Mr. Akhilesh Dubey i/b Law Counsellors for the Respondents.
                     ----
                                       CORAM: NITIN W. SAMBRE, J.

                                           DATE:    FEBRUARY 14, 2022

                     P.C.:-


                     1]       Heard Mr. Singh, learned Counsel for the Petitioners/Plaintiffs.



                     2]       Temporary injunction      granted by the Trial Court whereby

possession of the suit property was directed to be handed over during

pendency of the suit is modified by the Appellate Court whereby

Appellate Court has directed the Respondents/Defendants not to

create third party interest in relation to the suit property. However,

order of possession of the suit property to be given to the Petitioners

by interim mandatory order of injunction passed by the Trial Court

came to be set aside.

23 WP 1230-21.doc

3] It is the case of Mr. Singh, learned Counsel for the Petitioners

that by way of interim mandatory injunction, Petitioners/Plaintiffs

should be put into possession of the suit property during pendency of

the suit.

4] So as to substantiate his contention, Mr. Singh has drawn

support from the judgment of the Apex Court in the matter of

Hammad Ahmed vs. Abdul Majeed & Ors. reported in 2019 SAR

(Civil) 599.

5] As this Court is of the prima facie opinion that the Appellate

Court has secured interest of the Petitioners/Plaintiffs by restraining

the Respondents/Defendants from creating third party interest during

pendency of the suit, the interim relief as is sought in the present

Petition of putting the Petitioners/Plaintiffs in possession of the suit

property cannot be granted as same virtually amounts granting final

relief. This Court is required to be sensitive to the consequences in

case if the suit is dismissed. That being so, interim relief stands

refused.

23 WP 1230-21.doc

6] Rule.

7] Mr. Dubey waives service on behalf of the Respondents.

8] Needless to clarify that Trial Court shall proceed ahead with the

hearing of the suit on its own merit without being influenced by

pendency of the present Petition.

( NITIN W. SAMBRE, J. )