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Sheetal Vishwas Attavar And Anr. vs E And G Global Estates Ltd Thr Its ...
2025 Latest Caselaw 7028 Bom

Citation : 2025 Latest Caselaw 7028 Bom
Judgement Date : 28 October, 2025

Bombay High Court

Sheetal Vishwas Attavar And Anr. vs E And G Global Estates Ltd Thr Its ... on 28 October, 2025

                                                                            13.AOST-34982-2025.doc
                                                                                      Ajay Jadhav

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                          APPEAL FROM ORDER STAMP NO. 34982 OF 2025


    Sheethal Vishwas Attavar & Anr.                                   ... Appellants
                   V/s.
    E&G Global Estates Ltd., & Anr.                                   ... Respondents
                                  ____________________________________

    Mr. Chaitanya B. Nikte a/w Mr. Swapnil Sangle, Mr. K.S. Raswalkar i/b.
                   White & Brief for Appellants.
          Digitally
          signed by
          JYOTI
                                  ___________________________________
JYOTI     PRAKASH
PRAKASH   PAWAR
PAWAR     Date:
          2025.10.29
          16:35:41
          +0530
                                                CORAM : FARHAN P. DUBASH, J.

                                                DATE   : 28TH OCTOBER 2025
                                                         (VACATION COURT)

    ORDER :

1. The present Appeal from Order is filed challenging the

Judgment and Order dated 17 th October 2025 ("impugned Order") passed by

the Civil Judge Senior Division, Nashik below Exhibit 34.

2. By the impugned Order, the Trial Court granted a temporary

injunction restraining the Defendants/Appellants herein from obstructing the

Plaintiff/Respondent No. 1 herein from entering the suit properties and

installing its name board on the main entrance of the suit properties. The

impugned order also granted a further mandatory injunction against the

Defendants/Appellants herein and directed them to remove their security

13.AOST-34982-2025.doc Ajay Jadhav

guards from the main entrance of the suit properties.

3. By a further order dated 21st October 2025, the District Judge,

Nashik suspended the impugned Order till 31 st October 2025 and granted

liberty to the Appellants herein to approach this Court considering the

ongoing Diwali Vacation.

4. I have heard Mr. Nikte, learned Counsel appearing on behalf of

the Appellants. He has filed an Affidavit of Service of today's date, evidencing

service of the Appeal from Order and the Interim Application on Respondent

No. 1 and notice of today's matter. After going through the papers, this Court

deems it fit to extend the stay/suspension order that is in operation till 31 st

October 2025 for a further period of one week viz. till 7 th November 2025 so

that the Plaintiffs can approach the regular Court and make out a case in

support of the reliefs sought by them in the Interim Application and the

Appeal from Order.

5. This Court is inclined to grant this extension on the basis that

the Appellants are admittedly in possession of the suit properties from which

they are conducting a wellness resort. Respondent No. 1 is admittedly not in

possession. Despite this position, in Suit No. 218 of 2025 filed by Respondent

No. 1, they have not sought to be put in possession of the suit properties.

Notwithstanding the above, by the impugned Order, the Trial Court has

13.AOST-34982-2025.doc Ajay Jadhav

interalia effectively permitted Respondent No. 1 herein to enter upon the suit

properties and further, to even install its board at the entrance whilst

directing the Appellants to remove its security guards at the main gate.

6. The Appellants are directed to give fresh notice to all

Respondents.

7. Place this matter before regular Court on 3rd November 2025.

( FARHAN P. DUBASH, J. )

 
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