Citation : 2025 Latest Caselaw 7028 Bom
Judgement Date : 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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