IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR

BENCH, NAGPUR

WRIT PETITION NO. / 2021

PETITIONER : Shri Namdeo s/o Anandrao Hiwarkar

VERSUS

RESPONDENT : Shri Devanand s/o Avaduji Gavte

SYNOPSIS

Date List of Events

2019 The petitioner/original plaintiff has filed the Regular
civil Suit No.98/2019 for Declaration, Permanent
and Mandatory Injunction against the
defendant/respondent to restore the easementary
right of plaintiff for fetching and using water from
the well situated at the boundary of adjoined land
of plaintiff and defendant before the Civil Judge
Junior Division, kalmeshwar, Nagpur.
10/01/202 The petitioner has moved the application for
0
Temporary injunction at Exh-5 against the
defendant to restrain him from obstructing the
plaintiff from fetching and using water from the suit
well through his electric motor pump till final
disposal on the suit. the learned Civil Judge Junior
Division has considered the all the factual, legal
aspects and the balance of convenience lies in the
favour of the petitioner and allowed the Application
of Temporary Injunction at exh-5 by order dated
10/01/2020.
19/12/202 The defendant / respondent has challenged the
0
order dated 10/01/2020 by way of M.C.A
no.53/2020 before Adhoc District Judge-2, Nagpur.
The petitioner has contested the MCA by filing his
reply. It is submitted that the learned Adhoc District
Judge-2 has erroneously set aside the order dated
 10/01/2020 passed by the learned Trial Court.
19/12/202 The learned Appellate court has not appreciated
0
the documentary evidence on record in proper
perspective and passed the order erroneous order.

POINTS TO BE HEARD :

1. Whether the order dated 19/12/2020 passed by the Adhoc.DJ-

2 by which the Temporary Injunction order dated 10/01/2020
granted in favour of petitioner is came to be set aside is
sustainable in the eyes of the law in view of the fact that the
balance of convenience lies in the favour of petitioner?

2. Whether the order dated 19/12/2020 passed by the Adhoc.DJ-

2 is justifiable in the eyes of law in view of fact the order would
cause irreparable loss to the petitioner as he would deprived
of water for his crops and personal use?

3. Whether the order dated 19/12/2020 passed by the Adhoc.DJ-

2 is justifiable in the eyes of law in view of fact that the order
was passed by ignoring the documentary evidence of the
petitioner?

4. Whether the petitioner is entitled for relief of Temporary

Injunction in view of fact that balance of convenience lies in
his favour?

STATUTES TO BE REFFERED

1. Constitution of India
2. Code of Civil Procedure

CASE LAWS: The petitioner craves leave to cite the case laws at
the time of hearing.
Nagpur C.F.PETITIONER
Date : /03/2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT

NAGPUR

WRIT PETITION NO. /2021

PETITIONER : Shri Namdeo s/o Anandrao Hiwarkar

VERSUS
RESPONDENT : Shri Devanand s/o Avaduji Gavte

INDEX

Sr. Particulars Ann. Date Page

No No. No.
1 Synopsis

2 Memo of Writ Petition under Article 227

of Constitution of India
3 List of Annexures

4 Copy of Plaint of the petitioner P-1 2019

5 Copy of Written Statement filed by P-2 2019

the respondent
6 Copy of the order passed at Exh-5 by P-3 10/01/2020
Civil Judge Jr. Division, Kalmeshwar
7 Copy of the M.C.A no.53/2020 Exh- P-4 2020
14
8 Copy of the Impugned Order passed P-5 09/12/2020
by Adhoc-DJ-2, Nagpur
9 Copy of the MAP showing well P-6 -

10 Copy of the Photographs P-7 -

Nagpur C.F.PETITIONER
Date : -03-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT

NAGPUR

WRIT PETITION NO. /2021

PETITIONER : Shri Namdeo s/o Anandrao Hiwarkar

VERSUS
RESPONDENT : Shri Devanand s/o Avaduji Gavte

List of Annexures

Sr. Particulars Anne Date Page

No x No. No.
.
1 Copy of Plaint of the petitioner P-1 2019

2 Copy of Written Statement filed by P-2 2019

the respondent
3 Copy of the order passed at Exh-5 by P-3 10/01/2020
Civil Judge Jr. Division, Kalmeshwar
4 Copy of the M.C.A no.53/2020 Exh- P-4 2020
14
5 Copy of the Impugned Order passed P-5 09/12/2020
by Adhoc-DJ-2, Nagpur
6 Copy of the MAP showing well P-6 -

7 Copy of the Photographs P-7 -

Nagpur C.F.PETITIONER

Date : -03-2021