Digambar Dattatray Salglar vs Brijgopal Bhagwandas Tapadiya Advocate - Deshpande Sushil Sudhir — 116/2025

Case under Code of Civil Procedure Section O.43R.1. Disposed: Contested--DISMISSED on 30th April 2026.

M.C.A. - Misc.Civil Appeal

CNR: MHSO010034592025

Case disposed

e-Filing Number

13-11-2025

Filing Number

1279/2025

Filing Date

14-11-2025

Registration No

116/2025

Registration Date

17-11-2025

Court

District and Session Court , Solapur

Judge

4-District Judge - 2 and Additional Session Judge

Decision Date

30th April 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

CODE OF CIVIL PROCEDURE Section O.43R.1

Petitioner(s)

Digambar Dattatray Salglar

Adv. Kulkarni Santosh Balwant

Respondent(s)

Brijgopal Bhagwandas Tapadiya Advocate - Deshpande Sushil Sudhir

Hearing History

Judge: 4-District Judge - 2 and Additional Session Judge

30-04-2026

Disposed

28-04-2026

Arguments

17-04-2026

Arguments

07-04-2026

Arguments

02-04-2026

Arguments

Final Orders / Judgements

30-04-2026
Copy of Judgment

Case Summary: MCA 116/2025 Court Decision: The District Judge dismissed the appellant's appeal and upheld the trial court's rejection of the temporary injunction application. The court found that the plaintiff failed to establish a prima facie case or balance of convenience for granting temporary injunction. Key Reasoning: The court held that while the defendant's property field number was changed from Gat No.146/2 to Gat No.146/1 through a mutation entry sanctioned by competent authority, this change alone did not constitute illegal conduct requiring injunction. The court found no material evidence showing the defendant was actually obstructing the plaintiff's possession or illegally attempting to grab the plaintiff's suit property. Mere measurement of the defendant's property by revenue authorities and erection of a compound wall on the defendant's own land did not amount to disturbance of the plaintiff's peaceful possession. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: MCA 116/2025 Court Decision: The District Judge dismissed the appellant's appeal and upheld the trial court's rejection of the temporary injunction application. The court found that the plaintiff failed to establish a prima facie case or balance of convenience for granting temporary injunction. Key Reasoning: The court held that while the defendant's property field number was changed from Gat No.146/2 to Gat No.146/1 through a mutation entry sanctioned by competent authority, this change alone did not constitute illegal conduct requiring injunction. The court found no material evidence showing the defendant was actually obstructing the plaintiff's possession or illegally attempting to grab the plaintiff's suit property. Mere measurement of the defendant's property by revenue authorities and erection of a compound wall on the defendant's own land did not amount to disturbance of the plaintiff's peaceful possession. This case analysis is maintained by casestatus.in based on publicly available court records.

Browse Related Cases

Cases under same legislation

More from this court

District and Session Court , Solapur All courts →

Explore other courts

Search Another Case