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1985 Supreme(Bom) 148

B.C.GADGIL
V. S. Karandikar and sons through its Partners & others – Appellant
Versus
Girdharilal Gokuldas Shah & others – Respondent


JUDGMENT - B.C. GADGIL, J.:---Plaintiffs in Suit No. 342 of 1984 of the file of the Joint Civil Judge (Junior Division), Satara, have filed this writ petition challenging the orders passed by the 2nd Extra Assistant Judge, Satara in Civil Miscellaneous Appeal No. 169 of 1984. The trial Court had granted an ad interim injunction against the defendants restraining them from executing the decree passed in Regular Civil Suit No. 273 of 1966. The defendants challenged this order by filing the above mentioned Civil Miscellaneous Appeal No. 169 of 1984. The said appeal was allowed and the ad interim injunction was vacated. It is this order that is being challenged before me.

2. At this stage, certain facts are not in dispute. Gokuldas Gujar who was the predecessor-in title of respondents Nos. 1 to 5 had filed Regular Civil Suit No. 273 of 1966 against Vishwanath Karandikar and Venkatesh Mudholkar. This Gokuldas Gujar and respondents Nos. 1 to 5 are hereinafter referred to as Gujar. Similarly, Vishwanath Karandikar and the petitioners who are holding the interest of Vishwanath Karandikar are hereinafter referred to as Karandikar. It was a suit to recover possession of certain immovabl










































































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