JAYANT VASANT KADAM Vs. SHANTARAM LAXMAN SHINDE

JUDGEMENT

(1.) This petition is by the original Defendants questioning the order dated 23rd December, 2019 passed by the learned Civil Judge, Junior Division, Chiplun, which order was confirmed on 4th January, 2021 by the learned District Judge-1, Chiplun in Miscellaneous Civil Appeal No. 15 of 2020, whereby temporary injunction granted by trial Court came to be confirmed.

(2.) The case of the Petitioners is, Respondent No 1, Shantaram Laxman Shinde initiated a suit being Regular Civil Suit No. 85 of 2019thereby praying a decree for removal of encroachment on the road and mandatory injunction not to restrain the Plaintiffs from using the suit road.

(3.) A prayer for temporary injunction vide order impugned dated 23rd December, 2019 was allowed restraining the Petitioners / Defendants from interfering with peaceful use of road marked in blue colour in the plaint map. A mandatory injunction is also issued thereby directing the Petitioners to remove an impediment created on the road marked in red colour.