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2023 Supreme(Kar) 1254

RAVI V. HOSMANI
Olam Agro India (Pvt. ) Ltd – Appellant
Versus
Vasu Rao A N – Respondent


Advocates appeared:
Shreevatsa Hegde, Advocate, M.M.Patil, Advocate, Ram P.Ghorpade, Advocate, Rajeshekhar Burji, Advocate, Pallavi Palekar, Advocate

JUDGMENT

1. Challenging impugned order dtd. 25/1/2022 passed by Principal Senior Civil Judge and JMFC at Belgavi, in O.S.No.276/2021 on I.A.No.2 filed under Order XXXIX Rules 1 and 2 of CPC, this appeal is filed.

2. Appellant herein is plaintiff, while respondents were defendants in suit and will be referred as such.

3. Plaintiff filed O.S.no.276/2021 seeking :

    a) for declaring sale deed dtd. 6/12/2013 executed by defendant no. 2 by himself by acting as power of attorney of defendant no.1 are null and void and not binding on plaintiff company;

b) for declaring sale deed dtd. 11/8/2021 executed by defendant no. 2 in favor of defendant no. 3 and 4 is null and void and not binding on plaintiff company;

c) directing defendant no. 1 to execute forthwith sale deed in favor of plaintiff company;

d) Restraining defendants, their agents, successor-in, interest, henchman or anybody claiming under them or on their behalf by way of perpetual injunction from interfering with and disturbing the plaintiff's company peaceful possession, use and enjoyment of suit properties; and such other reliefs.

4. In said suit, plaintiff - company filed IA no.2 under Order XXXIX Rules 1 and 2 of Code of Civil Pro

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