Facts: The petitioners challenged the order dated 5th July 2025 passed by the District Judge-16, Pune, in Misc. Civil Appeal No. 248 of 2023. The dispute concerns a suit premises acquired for road widening by the Pimpri Chinchwad Municipal Corporation. The respondent/original plaintiff had been granted a temporary injunction by the District Judge, restraining the defendants from taking possession of the suit premises. The petitioners contend that the respondent had already handed over possession and accepted shifting charges.
Procedural Posture: The petitioners filed a Writ Petition under Article 227 of the Constitution of India challenging the legality and validity of the District Judge's order granting a temporary injunction. The order of the Additional Judge, Small Causes Court, Pune, dismissing the application for injunction was set aside by the District Judge in the impugned order.
Issue: Whether the District Judge erred in granting a temporary injunction in favor of the respondent, restraining the petitioners from taking possession of the suit premises, considering that the land was acquired for road widening, possession was allegedly handed over, and compensation was paid?
Holding: Yes, the High Court quashed and set aside the order passed by the District Judge and restored the order of the Trial Court dismissing the application for temporary injunction. The Writ Petition was disposed of.
Reasoning: The High Court found that the respondent had already handed over possession of the suit premises to the Pimpri Chinchwad Municipal Corporation for road widening. The Court relied on documents showing that the respondent had received notice under Section 9 of the Land Acquisition Act, 1894, and had accepted shifting charges. The Court noted that the Learned Appellate Court had failed to consider relevant documents indicating that possession had been handed over and compensation paid. The High Court also considered the fact that the suit premises had been demolished. The request for continuation of stay of the impugned order was rejected.