PARVATI M. NAIK Vs. VISHWANATH RAGUVIR SINAI HEDE

JUDGEMENT

(1.) HEARD Shri J. Godinho, Learned Counsel appearing for the Petitioners, Shri J.J. Mulgaonkar, Learned Counsel appearing for Respondent No. 1 and Shri S.D. Lotlikar, learned Senior Counsel appearing for Respondents Nos. 2 to 4.

(2.) RULE . Heard forthwith with the consent of the Learned Counsel. Learned Counsel waive service on behalf of the Respondents.

(3.) THE main grievance of the Learned Counsel appearing for the Petitioners was that the impugned order dated 29/08/2011 was passed ex -parte without hearing the Petitioners when according to the Petitioners the order of injunction passed by the learned Mamlatdar was in operation from the year 2008. Learned Counsel further pointed out that a revision preferred by the Respondent No. 1 against the order passed by the learned Mamlatdar wherein Respondents Nos. 2,3 & 4 were also parties came to be rejected by the learned Deputy Collector on 22/03/2011. Learned Counsel further pointed out that considering that injunction order was operating for such a long period, the Tribunal has acted with gross irregularity in passing an ex -parte order staying operation of temporary injunction. Learned Counsel further pointed out that even an application for modification filed by the Petitioners came to be rejected on a specious ground that apprehension of the Petitioners was not spelt out from the said application.