Balu Govind Gavade alias hanbar vs Suresh Jakoba Gavade alias Hanbar Advocate - R. P. Bandiwadekar — 222/2025

Case Summary: R.C.S. No. 222/2025 Outcome: Application ALLOWED. Interim injunction granted restraining defendants 1-9 from carrying out construction on the disputed property and from altering its nature. Key Facts: Plaintiffs sought interim relief under Order 39 Rule 1 CPC to prevent defendants from constructing on disputed land (Gat No. 422) claimed as ancestral family property. Defendants argued they held legal rights as co-owners following oral partition circa 1980 and contended co-owners cannot obtain injunctions against co-owners. Court's Finding: Court found plaintiffs established prima facie case with majority 7/12 land records entries in their names, balance of convenience favored plaintiffs, and irreparable loss would result without protection. Court rejected defendants' co-ownership defense, noting defendants failed to substantiate their claims and didn't challenge the ex-parte interim relief granted previously, suggesting lack of urgency for construction. This case analysis is maintained by casestatus.in based on publicly available court records.