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1979 Supreme(Bom) 28

A.A.GINWALA
Sujanbai wd/o Haribhau Kakde and others – Appellant
Versus
Motiram Gopal Saraf and another – Respondent


JUDGMENT - GINWALA A.A., J.: - This revision application has been filed against the order passed by the learned Joint Judge of Akola in Miscellaneous Civil Appeal No. 6 of 1975 dismissing appeal of the applicants against the order of the trial Court passed in Regular Civil Suit No. 167 of 1972 granting temporary injunction against them restraining them from interfering with the possession of the suit fields.

2. The subject-matter of this litigation consists of two agricultural lands bearing Survey Nos. 35 and 36/2 situated at Gondeshwar inakola district. These lands admittedly belong to non-applicant No. 1. On 12th July, 1972 the present applicants had filed a suit being Regular Civil Suit No. 105 of 1972 against the present non-applicant No. 1 and Vithal for a permanent injunction restraining these two defendants from interfering with their possession and cultivation, of the suit lands. It appears that the applicants had also prayed for temporary injunction in the suit and an ex pane temporary injunction was granted. However, it was vacated after the defendants appeared in the suit and contested it. An appeal was preferred against the vacation of the stay but that appeal was also d
















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