Hamid Jamal Shaikh And Ors vs Vijay Bhagwan Aapune And Anr
2023 Latest Caselaw 10882 Bom

2023:BHC-AS:31365
                                                                           II-906-wp-2185-2022.doc


                    Nikita

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO.1490 OF 2023


                    Hamid Jamal Shaikh and Ors.                     ... Petitioners
                               V/s.
                    Vijay Bhagwan Aapune and Anr.                   ... Respondents

                    Mr. Ashok B. Tajane for the Petitioner.
                    Mr. Abhijit Kulkarni a/w Mr. Krushna Jaybhay a/w Mr.
                    Gaurav Shahane for the Respondents.

                                                 CORAM : AMIT BORKAR, J.

                                                 DATED        : OCTOBER 19, 2023
                    P.C.:

1. By the impugned order the petitioner is challenging an order passed by the Trial Court in exercise of power under Section 151 of Code of Civil Procedure, 1908.

2. The Trial Court by interim order directed the petitioner not to disturb the possession of respondents over the suit property. The order of temporary injunction is in force however, according to the respondent, the petitioners tried to obstruct the possession of the respondents over the suit property which had effect of disturbing law and order situation. The Trial Court, therefore, relying on judgment of this Court in the case of Smt. Nirabai J. Patil Vs. Narayan D. Pati, ( AIR 2004 Bombay, 225) held that in such a case, the Trial Court has power to exercise of jurisdiction under

II-906-wp-2185-2022.doc

Section 151 of Code of Civil Procedure, 1908. There is no legal infirmity in the order.

3. The writ petition stands dismissed. No costs.

(AMIT BORKAR, J.)