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2008 Supreme(Bom) 1456

S.B.DESHMUKH
Vij Kamagar Sahakari Patsanstha Limited – Appellant
Versus
Ramkrushna Dhondiram Thorat – Respondent


Advocates Appeared:For the Petitioner:V.D. Salunke, Advocate. For the Respondents:R1, V.D. Sapkal, h/f Shri D.R. Korde, Advocates.

Judgment :

Oral Judgment:-

1. Heard Shri Salunke, learned Advocate for the petitioner. He seeks leave to delete respondent Nos.2 and 3 from this writ petition, since contesting respondent No.1 is appearing on caveat.

Leave granted. Deletion to be carried out forthwith.

Heard Shri Sapkal, learned Advocate for respondent No.1.

2. Rule. By consent, Rule made returnable forthwith and heard finally.

3. The factual matrix, relevant at this stage, can be summarized as follows:-

Petitioner is plaintiff in RCS No.182 of 2007 filed in the court of learned Civil Judge (Senior Division), Ambajogai, District Beed. Copy of the plaint is not available with any of the counsel appearing for parties in this petition.

Shri Salunke, learned Advocate submits that the suit filed is for declaration and perpetual injunction. This position has not been disputed by Shri Sapkal, learned Advocate for respondent No.1.

4. Thesuit was followed by an application Exhibit 5, seeking temporary injunction against defendants. Said application was heard and finally allowed by the trial court on 312.2007. Defendants 1 to 3 were temporarily restrained from interfering and obstructing into the peaceful possession of pl




































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