LAWS(BOM)-2024-4-111

YASHWANT SUKAJI NAIK Vs. KASHINATH JAIDEV NAIK

Decided On April 01, 2024
Yashwant Sukaji Naik Appellant
V/S
Kashinath Jaidev Naik Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

(2.) The Petitioners/Plaintiffs are challenging the order passed by the first Appellate Court, thereby reversing the order passed by the Trial Court, granting temporary injunction, thereby restraining the Respondents/Defendants from parking their vehicles in front of the shops occupied by the Petitioners/Plaintiffs.

(3.) Mr. Bhobe, learned Counsel appearing for the Petitioners would submit that first of all, a reasoned order was passed by the learned Trial Court on 7/5/2022 and more particularly, the observations in paragraph 4 thereby considering the case of the Petitioners with regard to obstruction of free flow movement towards the shops of the Petitioners. It is submitted that only on this ground, the learned Trial Court granted relief in favour of the Petitioners.