Krishna Bahadur Singh Solanki S/O ... vs Municipal Council Khargone
2023 Latest Caselaw 8100 MP

Citation : 2023 Latest Caselaw 8100 MP
Judgement Date : 18 May, 2023

Madhya Pradesh High Court

Krishna Bahadur Singh Solanki S/O ... vs Municipal Council Khargone on 18 May, 2023

Author: Sushrut Arvind Dharmadhikari

                                                       1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                                MP No. 2934 of 2023
                      (KRISHNA BAHADUR SINGH SOLANKI S/O DEVI SINGH SOLANKI (DECEASED) THROUGH LRS.
                          JITENDRA SINGH AND OTHERS Vs MUNICIPAL COUNCIL KHARGONE AND OTHERS)

                  Dated : 18-05-2023
                          Shri Amit Agrawal, Senior Advocate with Shri Arjun Agrawal, learned

                 counsel for the Petitioner.

                         Heard on the question of admission and interim relief.
                         Issue notice to the respondents on payment of process by RAD mode

within seven working days, failing which this petition shall stand dismissed

without further reference to the Bench.

Notice be made returnable within four weeks.

Learned Senior counsel for the petitioners has relied upon the judgment of Hon'ble Apex Court in the case of "Best Sellers Retailers India Pvt. Limited vs. Aditya Birla Nuvo Limited & Ors., reported in 2012(6) SCC 792 to contend that the provisions of the Specific Relief Act, 1963 for the purpose of temporary injunction is not applicable since the application under Order 39 Rule 1 & 2 is to be regulated by C.P.C. The trial Court in para-9 has specifically held that since the construction relates to infrastructure project,

therefore, no injunction can be granted as per Section 41 (ha) of the Specific Relief Act, 1963.

In the meanwhile, the status-quo, as it exists today, shall be maintained by the parties, till the next date of hearing.

Certified copy, as per Rules.


                                                                       (S. A. DHARMADHIKARI)
Digitally signed by SUMATHI                                                    V. JUDGE
Date: 2023.05.18 18:28:46
+05'30'

sumathi