GANGUBAI BABLYA CHAUDHARY Vs. SITARAM BHALCHANDRA SUKHTANKAR

JUDGEMENT

(1.) Appellants filed a suit for injunction restraining defendants 1 and 2 who were the recorded owners of the land bearing Survey No. 32 (part) and 33 (part) equal to C. T. S. Nos. 74, 75, 84, 84 (1 to 7), 95, 95 (1 to 4) of village Kurar, Malad, Bombay admeasuring 8006.04 sq. metres. Defendants Nos. 3 and 4 claimed to have entered into partnership with defendants 1 and 2. In this suit a notice of motion was taken out for interim injunction restraining the respondents from interfering in any manner with the posession of the plaintiffs during the pendency of the suit. Interim injunction appears to have been granted. In an appeal, a learned single Judge of the Bombay High Court directed the plaintiffs to file a separate suit in the High Court for declaration of the title and for injunction, whereupon the suit filed by the plaintiffs in the City Civil Court was withdrawn and suit bearing No. 1811 of 1980 was filed on the Original Side of the Bombay High Court. A notice of motion was taken out for interim injunction which was granted by learned single Judge of the High Court, with a reservation for reconsideration of the order on the happening of certain events set out in the order. It appears that the respondents moved the High Court for vacating the order and the interim injunction was vacated. After an unsuccessful appeal to the Division Bench, this appeal by special leave is filed.

(2.) In a writ petition filed by the petitioners questioning the validity of the order granting the use of F. S. I. for the whole land including the land on which the plaintiffs claimed title, an interim injunction was obtained restraining the use of the F. S. I. by the respondents. Subsequently, this interim order was vacated. After an unsuccessful appeal, the present appeal has been filed by special leave.

(3.) Mr. V. S. Desai addressed at some length for the appellant and Mr. Tarkunde for the respondents.