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2001 Supreme(Bom) 441

S.D.GUNDEWAR
Shyam s/o Kashiprasad Borele – Appellant
Versus
Dattatraya s/o Ramloo Pattiwar & another – Respondent


JUDGMENT - S.D. GUNDEWAR, J.:---Heard finally at the stage of admission by the consent of the parties.

2. This appeal is directed against the order dated 23-3-2001 passed by the learned Joint Civil Judge, Senior Division, Chandrapur below an application for temporary injunction (Exhibit 5) in Special Civil Suit No. 3/2001, whereby the learned trial Judge granted temporary injunction restraining the appellant/defendant No. 2 from raising any construction either personally or through agents or servants on land admeasuring 0.40 hectare out of Khasra No. 69/1 (old 46) situated at village Wadgaon, Tq. District Chandrapur (hereinafter referred to as "the suit land") till the disposal of the aforesaid suit.

3. The respondent No. 1/plaintiff filed a Special Civil Suit No. 3/2001 against the respondent No. 2 and the appellant/original defendants Nos. 1 2 for seeking relief of declaration that the sale deed executed by defendant No. 1 in favour of defendant No. 2 on 15-5-1999 in respect of suit land is null and void and also for permanent injunction restraining the defendant No. 2 from changing the nature of the suit land. The plaintiff also filed an application for temporary injunction a































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