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1975 Supreme(Bom) 205

DHARMADHIKARI
S. K. Jusa – Appellant
Versus
Ganpat Dagdu Gire – Respondent


Advocates:
R.E. Deshpande, for Applicant; G.M. Joshi, for Opponents.

ORDER:- This revision petition has been filed by the original plaintiff against the order passed by the Joint District Judge, Akola, in Misc. Civil Appeal No. 21 of 1973 dated 10-8-1973. It appears from the record that the plaintiff filed a suit for a permanent injunction against the defendants and also prayed for a temporary injunction by filing an application under Order 39, Rule 2, of the Code of Civil Procedure. According to the plaintiff, the piece of land, namely, the northern side of Survey No. 128/2 situated at Malegaon had fallen to the share of the vendors in the family partition and the vendors were personally cultivating the said piece of land. He further contended that the crop-statements of the suit land from the year 1971 onwards were standing in the name of Namdeo Ganpat. Thereafter the plaintiff entered into an agreement to purchase the said land on 28-3-1973. He further contended that as prospective purchaser he was placed in possession and he ploughed the suit land and had done the summer operations. He filed an application for a temporary injunction against the defendants Nos. 1 to 3 as they were threatening to take over possession of the field. The Civil Judge,




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