JAIWANT D.GHADI Vs. MANOHAR B.GHADI

JUDGEMENT

(1.) Heard Mr. Gaurish Agni for the petitioners. Some of the respondents are present in person and they seek some time to engage an advocate because they have discharged their earlier advocate from appearing in this matter.

(2.) Challenge in this appeal is to the concurrent orders made by the Trial Court and the First Appellate Court granting a temporary mandatory injunction requiring the petitioners to remove the barricades and the obstructions erected by them on the access to a common family burial ground.

(3.) Mr. Agni whilst admitting that the plaintiffs and the defendants are co-owners submitted that the mere existence of a prima facie case is not sufficient for the grant of a temporary mandatory injunction. He submitted that even a final relief in this suit seeks the removal of barricades and obstructions. He points out that both the Courts have accepted that when the mother of plaintiff no. 7-Yashodha Ghadi expired, her funeral procession was taken from the South Western side of Survey No. 103 and this establishes the existence of alternate access. He submits that in such circumstances no case was made out for grant of temporary mandatory injunction.