EQUUS STUD PVT. LTD. Vs. DHARMIL A. BODANI

JUDGEMENT

(1.) We have heard learned Senior Counsel for the parties on this Interim Application [I.A.(L) No.16819 of 2023] which has prayed for stay of an order dtd. 5/6/2023 (impugned order) passed by the learned Single Judge on Interim Application No.2261 of 2020 in Suit No.924 of 2001, filed by respondent Nos. 1 and 2 (referred as "plaintiffs") as assailed in the appeal in question.

(2.) The appellant "who is not a party to the suit", has prayed for stay of the impugned order primarily on two grounds, firstly that this Court trying the Civil Suit in question instituted on the Original Side of this Court lacked territorial jurisdiction to pass an order injuncting the appellant, so as to permit the plaintiffs to use the appellant's land situated at Village Shirgaon, Taluka Maval, District Pune, for an access to the plaintiffs' adjoining land. It is contended that, thus, the High Court had no jurisdiction on its original side to pass any orders in relation to the cause of action being asserted against the appellant which has arisen at Village Shirgaon, Taluka Maval, in Pune district where the land in question and subject matter of the impugned order granting temporary injunction, is situated. The second ground of assail is to the effect that an order granting temporary injunction could not have been passed against the appellant "who is not a party" to the suit.

(3.) To appreciate the rival contentions, at the outset, it would be necessary to note the operative part of the impugned order passed by the learned Single Judge against the appellant (in which the appellant is described as respondent) which reads thus:-