JUDGMENT - S.B. MHASE, J.:---The main question which is raised in this Civil Revision Application by the petitioners is whether the suit simpliciter for injunction is maintainable on the basis of the possession which is acquired by the plaintiff under section 53-A of the Transfer of Property Act, without filing a suit for specific performance of the contract and in such a suit, whether application for temporary injunction under Order 39, Rules 1 2 of the Code of Civil Procedure is tenable.

2. The facts in brief are as under. Regular Civil Suit No. 632 of 1988 has been filed by the plaintiff/respondent No. 1 in the Court of the Civil Judge, Junior Division, Jalgaon claiming a perpetual injunction as against the petitioners and the respondent No. 2 i.e. defendants in respect of the Survey No. 708/11, which is now part of Gat No. 2311. There were three brothers, namely Kadu, Manga and Onkar. Manga and Onkar are defendants No. 3 and 4. Kadu had expired and Mathurabai and Devidas are respectively wife and son of Kadu, who are defendants No. 1 2. Deceased Kadu and defendant No. 3 Manga were having 1/3rd share and their 1/3rd share they agreed to sell to the plaintiff by an agreement

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