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2026 DAILYLAW 9116 (BOM)

UNION OF INDIA THR DEFENCE ESTATE OFFICER v. YOGESH BEHRAM ANKLESARIA

WP/12163/2026 · 2026-09-18

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Judgment text

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12 WP-12163-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12163 OF 2026 Union of India ..Petitioner Versus Yogesh Behram Anklesaria & anr. …Respondents Dr. G R Sharma, a/w Mr. Ashutosh Mishra, Mr. Sandeep Raman, Mr. Rushikesh Bhadre, for the Petitioner/UOI. Mr. K J Presswalla, a/w Mr. Tushad Kakalia, Mr. Sandeep Goyal, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Respondent No.2. CORAM : N. J. JAMADAR, J. DATE : 18th SEPTEMBER 2026 P.C.: 1. Heard the learned Counsel for the parties. 2. The challenge in this petition is to the order passed by the Civil Court, Pune on an application for interim injunction restraining the petitioner from acting upon the notice dated 07th April, 2026, purportedly issued under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in Regular Civil Suit No. 1424/2019 instituted by the respondents. SAINATH, PA 1/2 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.09.19 16:34:52 +0530 12 WP-12163-26.DOC 3. The petitioner has an efficacious statutory remedy of filing an appeal against the impugned order granting injunction, under the provisions of Order XLIII of the Code of Civil Procedure, 1908. There is no justifiable reason to entertain the petition despite the availability of the statutory remedy of appeal. 4. Thus, the Writ Petition stands disposed with liberty to the petitioner to prefer an appeal against the impugned order. [N. J. JAMADAR, J.] SAINATH, PA 2/2