Tarabai Natthusa Fulsunge (Jain) vs Tilokchand Natthusa Fulsunge ...
2023 Latest Caselaw 878 Bom

                                                                                               (1)                                                  907wp625.23

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

                                                WRIT PETITION NO. 625 OF 2023
          Tarabai Natthusa Fulsunge__ Vs. __Tilokchand Natthusa Fulsunge and ors
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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. S.A.Mohta, Advocate for petitioner

                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 25/01/2023

Though the learned Trial Court by the order below Exh.70 dated 16.7.2022 (pg.105) having found a prima facie case and balance of convenience in favour of the petitioner/plaintiff has granted an injunction against the Respondent no.1 restraining him from creating any third party interest in the suit property or making any permanent construction therein, which order has been confirmed by the Appellate Court by its judgment dated 20.10.2022 in MCA No. 19/2022, dismissing the appeal (pg.132), it is contended that the order is not in consonance with the relief claimed in Exh.70, which sought a relief of restraining the Respondent No.1 from changing the nature of the land from agriculture to non-agriculture. It is contended that once a prima case was found in favour of the petitioner, the relief as claimed in Exh.70 ought to have followed.

Issue notice for final disposal returnable on 06.02.2023.

                                                                                                                                  JUDGEDigitally sign byRAJESH
                                              Rvjalit                                                                                             VASANTRAO JALIT
                                                                                                                                                  Location:
                                                                                                                                                  Signing Date:25.01.2023 14:52