Bombay High Court Allows Second Appeal in Injunction Suit Over Disputed Land Grant — Maintainability of Suit for Injunction Simpliciter Without Declaration of Title Questioned When Title Itself Is Disputed. The court held that a suit for permanent injunction without a prayer for declaration is not maintainable when the plaintiff's title is seriously disputed, and the appellate court erred in applying interim order principles and shifting the burden of proof....
The case involves a second appeal before the High Court of Bombay at Goa arising from a suit for permanent injunction filed by the respondents (Smt. Suxila Tukaram Naique and Shri Ashok Tukaram Naique...
