LAWS(BOM)-2025-9-16

ABID SHIRAZ MERCHANT Vs. STATE OF MAHARASHTRA

Decided On September 18, 2025
Abid Shiraz Merchant Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the counsel for the parties, heard finally.

(2.) The challenge in this petition is to a judgment and order dtd. 5/4/2025, passed by the Appellate Bench of the Court of Small Causes in Miscellaneous Appeal No. 86 of 2024, whereby the Appellate Bench allowed the appeal preferred by the Respondent no. 2/Plaintiff by setting aside the order passed by the Trial Court rejecting an application for temporary injunction (Exhibit-9) in RAD Suit No. 683 of 2023, and restraining the Petitioner/Plaintiff from forcefully dispossessing or otherwise disturbing the peaceful use, occupation and possession of the Plaintiff of the suit premises and transferring, disposing of or otherwise creating any third party rights in the suit premises, till the disposal of the suit.

(3.) Shorn of unnecessary details, the background facts can be stated as under: