Sau. Lanka Raghunath Kotkar vs Sau. Savita Rajendra Gole
2022 Latest Caselaw 4926 Bom

                                       1                   AO / 27 / 2022


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   911 APPEAL FROM ORDER NO.27 OF 2022
                        WITH CA/7230/2022 IN AO/27/2022

                        SAU. LANKA RAGHUNATH KOTKAR
                                    VERSUS
                          SAU. SAVITA RAJENDRA GOLE

                                       ...
                  Advocate for appellant: Mr. Kasar Rajendra S.
                                       ...

                                CORAM      : MANGESH S. PATIL, J.

                                DATE       : 6 MAY 2022

PC :

This is an appeal by the original defendant under section

104 of the Code of Civil Procedure being aggrieved and dis-satisfied by

the temporary injunction clamped by the lower appellate court in an

appeal by the respondent-plaintiff from the judgment and order passed

by the trial court dismissing her suit.

2. Apart from the fact that the suit was subsequently

dismissed by the trial court, even the trial court had refused to grant

any temporary injunction during pendency of the suit. It is, therefore,

quite clear that for the first time the lower appellate court has clamped

the injunction during pendency of the appeal.

3. Going by the description of the respective properties

purchased by the parties to the suit by two separate sale deeds of the

same date, it would be appropriate that the parties are directed to

maintain status-quo as is obtaining today at the spot.

2 AO / 27 / 2022

4. Issue notice before admission returnable on 22-07-2022.

5. Till then, both the sides shall maintain status-quo as is

obtaining today at the spot.

[ MANGESH S. PATIL ] JUDGE arp/