Waman Krishna Galande & Ors. v. Smt.Yedna Sudhila Samuel
Case at a glance
- Decided
- 12 Jan 2010
- Bench
- A S OKA
Provisions considered
- Constitution of India art. 227
Judgment
Smt. Yedna Sudhila Samuel ...Respondent Mr.Sugandh Deshmukh for the petitioners Mr.Purushottam Chavan for the respondent CORAM :A.S.OKA,J. DATE : JANUARY 12, 2010 P.C. 1 Heard the learned counsel for the parties. By this Writ Petition under Article 227 of the Constitution of India, the petitioners who are the original defendants have challenged the order of the trial Court granting temporary injunction which has been confirmed by the Appellate Court. By the impugned order, the petitioners have been restrained from interfering with the possession of the respondent over the suit property without due process of law. 2 After having heard the learned counsel for the petitioners, I find that no case is made out for interference with the concurrent orders passed by the Courts below. There is a prima facie finding recorded that the respondent has established his possession. The order of injunction is operating since May 2007. No case is made out for interference. It is made clear that that the observations made in the impugned orders are only tentative observations and the suit will be decided on its own merits. 2 3 Subject to what is observed above, Writ Petition is rejected. Hearing of the suit is expedited. The trial Court will endeavour to conclude the hearing before the end of June 2010. JUDGE
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Bombay High Court, on 12 Jan 2010. The bench was A S OKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.