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2013 Supreme(Bom) 793

R.C.CHAVAN
Prakash Gobindram Ahuja – Appellant
Versus
Ganesh Pandharinath Dhonde – Respondent


Advocate Appeared:
For the Appellant:A.V. Anturkar, Ms. Kalyani Tulankar, Uzair Kazi, Prathmesh Bhargude, i/b Sugandh B. Deshmukh, Advocates.

Judgment :

1. This appeal by the plaintiff in Special Civil Suit No.104 of 2012 before the IInd Joint Civil Judge, Senior Division, Kalyan questions the order passed by him below Exhibit-5, rejecting his application to restrain defendant No.7 from creating third party interests in the suit property pending hearing of the suit.

2. It is the appellant's case that defendant Nos.1 to 6 owned the suit land and agreed to sell it to the plaintiff by two Agreements of Sale for Rs.30,00,000/- and Rs.17,40,000/-, of which the agreement for Rs.30,00,000/- was registered on 28-1-2011 and the other agreement remained to be registered. The plaintiff paid to defendant Nos.1 to 6 Rs.13,36,600/- towards the transaction. Defendant Nos.1 to 6 however executed registered sale deed in favour of defendant No.7 on 29-3- 2012 and the plaintiff now apprehends that defendant No.7 may create third party interests pending the suit. He, therefore, sought temporary injunction by application Exhibit-5 in the suit filed by him. The application was rejected by the impugned order, holding that the plaintiff had not made out a prima facie case and balance of convenience was not in favour of grant of injunction as the




















































































































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