Gorakh Raaghu Vatkar vs Rama Uttam Waghmare Advocate - Sancheti P. M. — 740/2024

Case Summary: RCS 740/2024 Court: Joint Civil Judge Junior Division, Madha Date: 23 January 2025 Outcome: Application for temporary injunction REJECTED Key Facts: Plaintiffs own land in Gat Nos. 1038/2/A/1, 1038/2/D, and 1038/2/E. Defendants own adjacent land and seek access via a way through plaintiffs' property. Plaintiffs filed suit 106/2023 seeking permanent injunction to prevent defendants from creating/using this way. Defendants subsequently approached the Mamlatdar (local administrative officer) under Section 5(2) of the Mamlatdar Court Act seeking removal of impediments. The Mamlatdar allowed defendants' application on 29 July 2024. Plaintiffs challenged this order and sought temporary injunction to stay the Mamlatdar's decision. Court's Finding: While plaintiffs established a prima facie case that the Mamlatdar lacked jurisdiction (citing Section 26(b) bar), they failed to prove balance of convenience or irreparable injury favored them. Evidence showed the way existed since long, was blocked by plaintiffs, and defendants have no alternative access to their fields. Granting injunction would lock defendants' land and cause them greater harm than plaintiffs. This case analysis is maintained by casestatus.in based on publicly available court records.