RAJESH RAMKISHOR DIXIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against an order dtd. 02/01/2023 passed by learned Civil Judge Senior Division, Palghar on an application for temporary injunction (Exhibit 5) in Special Civil Suit No.115/2022, whereby the learned Judge was pursuaded to reject the application preferred by the Appellants/Plaintiffs to order Defendant Nos. 1 to 3, by way of interim mandatory injunction, to carry out joint measurement of Survey No.459/1, 459/2, 459/3 and 459/4 of Village Mahim Taluka Palghar and to restrain Respondent/Defendant Nos.4 to 6 from entering into the aforesaid property and causing obstruction to the Plaintiffs possession or from alienating or otherwise causing any injury to the Plaintiffs.

(2.) For the sake of convenience and clarity the parties are hereinafter referred to in the capacity in which they are arrayed before the trial Court.

(3.) Background facts leading to this appeal can be stated as under:-