Rajendra Sahasram Patle And Ors.. vs Munnilal Tekchand Parihar
2026 Latest Caselaw 5099 Bom

Bombay High Court

Rajendra Sahasram Patle And Ors.. vs Munnilal Tekchand Parihar on 14 May, 2026

                    1                                                                            902wp4147.2026..odt

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

                                       WRIT PETITION NO. 4147 of 2026
                   (Rajendra Sahasram Patle and ors Vs. Munnilal Tekchand Parihar)
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Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions                                       Court's or Judge's orders.
and Registrar's Orders.
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                       Mr. S.G. Karmarkar, Advocate for petitioners.

                        CORAM: RAJNISH R. VYAS, J.
                        DATE: 14.05.2026


                                           Heard.


                        2.                The original plaintiffs have approached this Court
                        challenging the judgment and order passed by the Appellate
                        Court by which the injunction granted by the Trial Court was
                        set aside.


                        3.                The learned counsel for the petitioners has
                        contended that they are the owners and possessors of the suit
                        property and are running rice mill on the suit land. According
                        to him, the petitioners/plaintiffs filed Regular Civil Suit No.
                        4/2026 for declaration and permanent injunction along with
                        an application for grant of injunction, which was allowed by
                        the Trial Court.


                        4.                The Appellate Court, in Misc. Civil Appeal No.
                        21/2026 has ruled in favour of the original defendant thereby
                        had set aside the order of injunction passed by the Trial Court.
                        As per the order passed by the Appellate Court, the petitioners
                2                                             902wp4147.2026..odt

                   are restrained from using the suit property. Considering the
                   fact that the Trial Court had granted injunction and Appellate
                   Court has reversed the order, till filing of the reply, I find it
                   necessary to pass the following order.
                                               ORDER

i) Issue notice to the respondent, returnable on 09.6.2026.

ii) In the meantime, there shall be stay to the order dated 4.5.2026, passed by the Principal District Judge, Bhandara, in Misc. Civil Appeal No. 21/2026.

(RAJNISH R. VYAS, J.)

Belkhede, PS