LAWS(BOM)-2018-1-40

PASAYDAN DEVELOPERS Vs. JAISINGH MUKUNDA

Decided On January 10, 2018
Pasaydan Developers Appellant
V/S
Jaisingh Mukunda Respondents

JUDGEMENT

(1.) Heard learned counsel for the Petitioner, finally at the stage of admission itself.

(2.) This Writ Petition is preferred against the concurrent finding of the fact arrived at by the Trial Court and the Appellate Court holding that the Petitioner has failed to make out a prima-facie case or to prove the balance of convenience or irreparable loss in order to get the relief of interim injunction.

(3.) The order challenged in this Writ Petition is the one dated 29th April, 2017 passed by District Judge-18, Pune, thereby dismissing Miscellaneous Civil Appeal No.119 of 2017 filed by the Petitioner challenging the order dated 29th March, 2017, passed by the Court of 7th Joint Civil Judge Junior Division, Pune, below Exhibit 5 in Regular Civil Suit No.412 of 2017. The said application at Exhibit 5 was filed by the Petitioner for getting relief of interim injunction restraining the Respondent from causing obstruction in the construction work undertaken by the Petitioner on the suit plot.