BHC Denies Interim Injunction in Desai vs Mishra Property Dispute
Parties Involved
Gaurav Rajeshbhai Desai and Others
Yagyanarayan Prabhunath Mishra and Others
AI Summary
The Bombay High Court upheld the lower court's decision to deny the Appellants' application for a temporary injunction against the Respondents, allowing the Respondents to create third-party rights in the disputed property. The Appellants, who claim ownership of the property, argued that the Respondents' continued occupation was unauthorized and detrimental to their rights.
Bench
Kalyan
PresidingDist. Thane
Kalyan
Dist. Thane for specific performance
Kalyan
Order Text
Gaurav Rajeshbhai Desai And Others vs Yagyanarayan Prabhunath Mishra And ... on 17 February, 2026 2026:BHC-AS:8190 Priyanka 4-asao-986-23-F(1).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.986 OF 2023 WITH INTERIM APPLICATION NO.17755 OF 2023 1. Gaurav Rajeshbhai Desai, ] Age: 39 years, Adult, Occ.: Business, ] Indian Inhabitant and presently ] residing at A-1, Carnation Building, ] Godrej Hill, Khadakpada Barave, ] Kalyan West, Dist. Thane - 421301. ] 2. Chirag Rajeshbhai Desai, ] Age: 37 years, Occ: Business, ] Indian Inhabitant and presently ] residing at A-1, Carnation Building, ] Godrej Hill, Khadakpada Barave, ] Kalyan West, Dist. Thane - 421301. ] 3. Mitul Ramanbhai Desai, ] Age: 48 years, Occ.: Professional, ] Indian Inhabitant and presently ] residing at 805, Chandralok Building, ] Vapi Silvasa Road, Charod, Vapi, ] Gujrat and also having address at: ] Income and Sales Tax Practitioner, ] Dwarkadas Vithaldas Building, 2nd ] Floor, Opp. Post Office, Station Road, ] Kalyan West, Dist. Thane - 421301. ] ... Appellants/ Org. Plaintiffs V/s. 1. Yagyanarayan Prabhunath Mishra, ] Age: 83 years, Occ.: Retired, Indian ] Inhabitant and present having address ] at Adarsh Hindi High School, ] Rambaug - 4, Santoshi Mata Mandir ] Road, Kalyan West, Dist. Thane - 421301. ] 2. Shikshan Prasaran Samiti, ] a charitable trust having its address ] at Aadarsh Hindi High School, Rambaug ] - 4, Santoshi Mata Mandir Rd., ] Kalyan West, Dist....
