Municipal Council, Bhandara Thr. ... vs Sukraj Subhelal Tandekar
2022 Latest Caselaw 6556 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

                           WRIT PETITION NO.3855/2022
                  Municipal Council, Bhandara through its Chief Officer
                                         Vs.
                               Sukraj Subhelal Tandekar

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Office Notes, Office Memoranda of Coram,                  Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                    Mr. M.I. Dhatrak, Advocate for the Petitioner.

                                   CORAM : MANISH PITALE, J.

DATED : 12th JULY, 2022.

Heard learned counsel for the petitioner - Municipal Council.

2. The petitioner is aggrieved by judgment and order dated 17.03.2022, passed by the District Court at Bhandara, whereby an appeal filed by the respondent, has been allowed and temporary injunction has been granted in favour of the respondent, by reversing the order passed by the trial Court.

3. It is the case of the petitioner - Municipal Council that possession of the subject land was taken and construction activity for a public toilet was already under way, when the respondent approached the trial Court by filing the aforesaid suit alongwith an application for grant of temporary injunction. It is submitted that the trial Court took into consideration the material on record and found that the respondent could not even make out a prima facie case regarding possession in the

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suit property. It was recorded that the activity of construction on the suit plot was evident from the material on record.

4. Despite this, the District Court allowed the appeal and granted temporary injunction in favour of the respondent. A perusal of the impugned order does not show a specific finding as regards a strong prima facie case made out by the respondent for being in possession of the suit property. Therefore, the petitioner in the present case has made out sufficient grounds for grant of ad-interim relief.

5. Issue notice to the respondents for final disposal, returnable on 14th September, 2022.

6. In the meanwhile and till the next date of listing, there shall be ad-interim relief in terms of prayer Clause (b).

JUDGE

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:13.07.2022 19:14