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1995 Supreme(Bom) 326

L.MANOHARAN
Prakash Sukhdev Akotkar – Appellant
Versus
Mansoorkha Gulabkha – Respondent


JUDGMENT - L. MANOHARAN, J. :-Admit. Heard Counsel for the appellants and the respondents.

2. This appeal arises from the order of Civil Judge, Sr. Dn. Buldana, on an application under Order XXXIX, Rules 1 and 2, Code of Civil Procedure, for an injunction to restrain the appellants from interfering with the respondent's possession and enjoyment of the suit property. The learned Civil Judge has allowed the said prayer. The said order is under challenge in this Appeal.

3. The property in dispute belonged to one Smt. Noor Jahan who died in 1987. She had four sons who are defendants 1 to 4 before the lower Court. The defendant No. 1 alleging that he is in exclusive possession of the property executed an agreement to sell in favour of the plaintiff on 23-12-1994 and according to the plaintiff he was put in possession of the entire property on the same day. He instituted the present suit for the specific enforcement of the agreement against all the children of Noor Jahan and also their alienee-defendants 5 and 6. It was contended on behalf of appellants that the claim of the plaintiff that he is in exclusive possession of entire property is not correct. They would maintain that the co-owne




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