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1982 Supreme(Bom) 295

S.J.DESHPANDE
Venkat Dharmaji Gontalwar – Appellant
Versus
Vishwanath s/o Sambhaji Verulkar & another – Respondent


JUDGMENT - S.J. DESHPANDE, J.:---Plaintiff appellant is the prospective purchaser of the suit land Gat No. 63. It is alleged that the portion of this suit land to the extent of 9 acres 10 gunthas was purchased by plaintiff under an agreement of sale executed by the respondent No. 1 original defendant No. 1. Consideration of the agreement was Rs. 31,590/-. Out of which, it is alleged, Rs. 20,000/- have been paid before the agreement to the respondent No. 1. The agreement recites that on the date of execution of agreement plaintiff has obtained possession. This agreement is on a stamp-paper and written in Marathi language. This agreement has been signed by both the parties. Defendant refused to execute the sale-deed and, therefore, the plaintiff has filed the present suit to obtain specific performance of the aforesaid agreement.

2. During the pendency of the suit, plaintiff made an application for temporary injunction under Order 39, Rules 1 and 2 read with section 151 of the Civil Procedure Code for an interim relief to protect his possession. By this application plaintiff prayed that the interference of the respondents and obstruction to the peaceful enjoyment of this suit land be



















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