ABID SHIRAZ MERCHANT vs STATE OF MAHARASHTRA THR GOVERNMENT PLEADER AND ORS

Judgment text excerpt

Varsha wp-8410-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8410 OF 2025 Abid Shiraz Merchant } Age-50 years, Adult, Occu: Business, } residing at A-601, Spring Time, } rd 3 Road, TPS-3, Santacruz East, } Mumbai-400 055. } …..Petitioner V/s. 1.State of Maharashtra } Through GP., High Court, Bombay. } 2. Ramprakash Ramdas Chowdhry } 76 years, Indian Inhabitant of } Mumbai, Occu: Retired, residing at } Room No. 5,6,7, Bachubhai Chawl, } (Bachu Sheth Chawl) Kurla Andheri } Road, Opp. Sakinaka Telephone } Exchange, Sakinaka, Mumbai-72 } Also At- } Room No. 101, CTS No. 590/6, } Village Eksar, I.C. Colony, Borivali } (West), Mumbai-400 068. } Respondents. } ------------------- Mr. Surel Shah, Senior Advocate with Devesh Juvekar with Kavita Chavan and Mithilesh Chalke i/by Rajani Associates, for the Petitioner. Ms. Vaishali Nimbalkar, AGP, for the State. Mr. Sunil Mishra, for the Respondent no. 2. --------------------- CORAM : N.J. JAMADAR, J. RESERVED ON : 27th JULY 2025. 1 of 26 Varsha wp-8410-2025.doc PRONOUNCED ON : 18TH SEPTEMBER 2025. JUDGMENT: 1. Rule. Rule made returnable forthwith and, with the consent of the counsel for the parties, heard finally. 2. The challenge in this petition is to a judgment and order dated 5th April 2025, passed by the Appellate Bench of the Court of Small Causes in Miscellaneous Appeal No. 86 of 2024, whereby the Appellate Bench allowed the appeal preferred by the Respondent no. 2/Plaintiff by setting aside the order passed by the Trial Court rejecting an application for temporary injunction (Exhibit-9) in RAD Suit No. 683 of 2023, and restraining the Petitioner/Plaintiff from forcefully dispossessing or otherwise disturbing the peaceful use, occupation and possession of the Plaintiff of t