Case Note & Summary
The case arose from a tenancy and possession dispute over Flat No.5, Second Floor, Goolestan, Cuffe Parade, Mumbai. The plaintiff, a senior citizen and physically handicapped, was a person of Indian origin residing in Washington D.C., U.S.A., and held a P.I.O. card. He claimed to be the lawful tenant of the flat, having succeeded to the tenancy after the deaths of his parents. His father, originally a tenant, died in 1998; his mother died in 2001. The plaintiff asserted that he had been in settled possession and paid rent continuously. The defendants were the plaintiff's sister and her husband. It was alleged that after her marriage in 1970, the sister had moved out and had not resided in the flat. On 23 April 2011, while the plaintiff was abroad and his daughter was away, the defendants allegedly trespassed into the flat, changed the lock, and intimidated the plaintiff's servant. The plaintiff filed Suit No. 1173 of 2011 seeking permanent injunction to protect his possession. Pending suit, he moved Notice of Motion No. 1548 of 2011 for interim relief. By order dated 20 January 2014, the learned Single Judge allowed the motion and restrained the defendants from entering or remaining on the suit flat without the plaintiff's permission. The defendants filed Appeal (L) No. 68 of 2014 under clause 15 of the Letters Patent challenging the Single Judge's order. The Division Bench heard the appeal and reserved judgment on 18 July 2014.
Headnote
A) Civil Procedure - Interim Injunction - Grant of Temporary Injunction - Code of Civil Procedure, 1908, Order XXXIX Rules 1 and 2 - The plaintiff filed a suit for permanent injunction claiming exclusive possession and alleged trespass; on Notice of Motion, the Single Judge granted interim injunction restraining defendants from entering the suit flat without plaintiff's permission (Paras 1-2).
Issue of Consideration
Whether the interim injunction granted by the learned Single Judge restraining the defendants from entering the suit flat was justified.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
Case Details
2026 LawText (BOM) (05) 128
Appeal (L) No. 68 of 2014 with Notice of Motion (L) No. 292 of 2014 and Notice of Motion (L) No. 670 of 2014
S.C. Dharmadhikari, G.S. Kulkarni
D. D. Madon, Birendra Saraf, Farid Karachiwala, Sahil Saiyed, Shreema Doshi, Juhi Mathur, Virag Tulzapurkar, Shrikant Doijode, Rashne MullaFeroze, Taruna Nagpal
Mrs. Mina Srinivasan Krishnan and Srinivasan Krishnan
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Nature of Litigation
Civil suit for permanent injunction based on tenancy and possession, with interim application for temporary injunction restraining entry into suit flat.
Remedy Sought
The plaintiff sought a temporary injunction restraining the defendants, their servants and agents from entering upon or remaining on the suit flat without his permission.
Filing Reason
Alleged trespass by the defendants on 23.04.2011, change of lock of the suit flat, and disturbance of the plaintiff's peaceful possession.
Previous Decisions
Learned Single Judge allowed Notice of Motion No.1548 of 2011 and granted interim injunction in terms of prayer clause (a) by order dated 20th January 2014.
Issues
Whether the interim injunction granted by the Single Judge was justified based on prima facie case, balance of convenience, and irreparable injury.
Submissions/Arguments
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
that pending the hearing and final disposal of the Suit, the Defendants, their servants and agents be restrained by temporary order and inunction of this Court from entering upon or remaining on the Suit Flat viz. Flat No.5, Second Floor, Goolestan, 37, (East) Wing, Cuffe Parade, Bombay 400 005, or any part thereof without the permission of the Plaintiff.
The Defendants then made a phone call from their mobile phone, and shortly after that a locksmith arrived and proceeded to change the lock of the front door.
Procedural History
Plaintiff filed Suit No. 1173 of 2011 seeking permanent injunction. He also filed Notice of Motion No. 1548 of 2011 for interim relief. The learned Single Judge by order dated 20th January 2014 allowed the Notice of Motion and granted temporary injunction restraining defendants from entering the suit flat. The defendants filed Appeal (L) No. 68 of 2014 under clause 15 of the Letters Patent challenging that order. The appeal was heard by a Division Bench and reserved on 18th July 2014, with judgment pronounced on 24th September 2014.
Acts & Sections
- Code of Civil Procedure, 1908: Order XXXIX Rules 1 and 2
