A.S.OKA
Pralhad Jaganath Jawale – Appellant
Versus
Sau. Sitabai Chander Nikam – Respondent
I have heard the learned counsel appearing for the Appellants in Appeal from Order No.884 of 2010. I have heard the learned counsel appearing for the Respondent Nos.1 to 8 and the learned counsel appearing for the Respondent Nos.9 and 10 in Appeal from Order No.884 of 2010. I have heard the learned counsel appearing for the Appellants in Appeal from order No.857 of 2010. I have heard Mr.Uday Warunjikar, learned counsel who had requested that he should be heard on the legal question involved.
2. The Appeal from Order No.884 of 2010 takes an exception to the judgment and order dated 4th December, 2009 passed by the learned trial Judge by which the application made by the Appellants (the plaintiffs) at Exhibit - 61 for temporary injunction has been rejected. In Appeal from Order No.857 of 2010, the challenge is to the judgment and order dated 22nd July 2009 by which the application made by the Appellants-Plaintiffs at Exhibit 5 for temporary injunction has been rejected.
3. These two appeals are taken up together for hearing as to admission as both involve the question of interpretation of the judgment of this Court in the case of Kachhi Properties, Satara Vs. Ganpatrao S
Kunhayammed & ors. V State of Kerala & anr. ((2000) 6 SCC 359)
Hardev Singh v Gurmail Singh (dead) by Lrs. ((2007) 2 SCC 404)
Keshrimal Jivji Shah & anr. V Bank of Maharashtra & ors. (2004 (3) Mh.LJ 893)
Amit Kumar Shaw & anr. V Farida Khatoon & anr. ((2005) 11 SCC 403)
Maharwal Khewaji Trust (Redg.), Faridkot, Appellant v Baldev Das
N. Srinivasa V M/s. Kattukaran Machine Tools Ltd. (AIR 2009 SC 2217)
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