Bombay High Court

UNION OF INDIA THR DEFENCE ESTATE OFFICERversusYOGESH BEHRAM ANKLESARIA

Decided: 18 September 2026
Disposal: Disposed Off

Holding

A writ petition is not maintainable where a specific statutory appeal under Order XLIII CPC is available to challenge the order.

Summary

The Union of India filed a writ petition challenging an order of the Civil Court, Pune, which had granted an interim injunction restraining the Union from acting on a notice issued under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 in suit No. 1424/2019. The petition argued that the injunction was unwarranted. The Court observed that the Union has an efficacious statutory remedy – an appeal under Order XLIII of the Code of Civil Procedure, 1908 – to contest the injunction. Since a specific statutory appeal is available, the Court found no justification to entertain the writ petition. Consequently, the petition was disposed, with liberty granted to the Union to prefer an appeal against the impugned order.

Issues considered

Whether a writ petition challenging an interim injunction is maintainable when an appeal under Order XLIII of the Code of Civil Procedure, 1908 is available

Legislation cited

Code of Civil Procedure, 1908 — s. Order XLIII
Public Premises (Eviction of Unauthorized Occupants) Act, 1971

Subjects

writ petition
interim injunction
statutory appeal
Order XLIII CPC
Public Premises Act
maintainability

Judgment

                                                                         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.
SAINATH
SANJAY
                                               DATE    :     18th SEPTEMBER 2026
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.09.19
16:34:52 +0530
                   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 07 th

                   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
                                                     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

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