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2009 Supreme(Bom) 1555

R.K.DESHPANDE
Mannalal S/o Bhagwandas Agrawal – Appellant
Versus
Upendrakumar S/o Sawarmal Saharia – Respondent


Advocates appeared:
For the Appellant:A.S. Bajaj, Advocate. For the Respondents: R1,
S.V. Gangapurwala, R2 & R3, R.N. Dhorde along with N.K. Chaudhary, Advocates.

Judgment :

This appeal is preferred by the original plaintiff, who has filed the special civil suit no. 483/2007 against the respondents, who are the original defendants, for specific performance of contract and possession of the suit land. The suit land admeasures 4 Acres and 20 Gunthas which is the total 1/4th share of each of the respondents-defendants in Gat No.17 which admeasures total 5 Acres and 29 Gunthas situated at Nakshatrawadi, Aurangabad. Along with this special civil suit no.483/2007, the plaintiff filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code for grant of injunction restraining the respondents-defendants and/or anybody claiming through them, by an order of injunction, from alienating by way of sell and or creating third party interest over the suit property i.e. part of the Gat No.17 situated at Nakshatrawadi, Tq. & Dist.Aurangabad to the extent of 4 acre 20 gunthas, till the disposal of the suit. The respondents-defendants filed their written statement and reply to the application under Order 39 Rule 1 and 2 of the Civil Procedure Code. The learned II Joint Civil Judge, Senior Division, Aurangabad, who considered the application for tem








































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