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1982 Supreme(Bom) 138

M.N.CHANDURKAR, B.C.GADGIL
Nilesh Construction Company & another – Appellant
Versus
Gangubai wd/o of Bablya Bendu Chaudhary & another – Respondent


JUDGMENT - M.N. CHANDURKAR, J.:---This appeal by defendants Nos. 3 and 4 is directed against the order made by Kania, J., on 11th March, 1982 dismissing the Notice of Motion taken out by the appellant for vacating an order of interim injunction made by Mody, J., on 13th April, 1981. The contesting respondent Nos. 1 to 5 have filed a suit on Original Side of this Court asking for a permanent injunction preventing the appellants from trespassing upon or entering the lands in question; from dispossessing the plaintiffs or any of them of the said lands or any part thereof; from constructing any structure or structures on the said lands or any part thereof and from preventing, obstructing or interfering in any manner with the exclusive possession, use and enjoyment of the said lands or any portion thereof by the plaintiffs. It is not necessary to go into the various allegations made in the plaint on which the plaintiffs claim a right to continue in possession of the lands in dispute and it is sufficient to mention that the claim of the plaintiffs appears to be that their predecessor-in-title, viz., Bablya, who was the husband of plaintiff No. 1 and the father of the other plaintiffs w

















































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