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2015 Supreme(Bom) 1000

R.K.DESHPANDE
Tarachand Jamnadas Wagwani – Appellant
Versus
Anusayabai Bapuji Chandramore – Respondent


Advocates:
Advocate Appeared:
Mr. S.M.Gorwadkar, Senior Advocate, assisted by Shri Haridas Rajendra Madhukar, Advocate for appellants.
Mr. Anil V. Anturkar Senior Advocate, assisted by Shri Pankaj R. Thatte, Advocate, for Respondent

JUDGMENT

1] In Regular Civil Suit No. 1097 of 1995, the trial Court has passed a decree on 27.03.2000, the operative portion of which is reproduced below;

(1) The plaintiff's suit is decreed with costs.

(2) The Defendants or any other person on their behalf are hereby permanently restrained from creating any interest in the suit property or transferring or otherwise dealing with in interest of suit property.

(3) The Defendant's transfer of certain plots in favour of other persons cannot be said legal and valid.

(4) The Defendants are directed to pay cost of suit.

Plaintiff to bear their own.

(5) Decree be drawn accordingly.

In Regular Civil Appeal No. 145 of 2000, the lower appellate Court has confirmed this decree and dismissed the appeal on 25.11.2003. Hence, the original defendants are before this Court in this second appeal against the concurrent findings of fact.

2] The relief claimed in the suit was that of permanent injunction restraining the defendants from dealing with the suit property in any manner by creating any third party interest.

The another relief claimed was of a declaration that the Defendant's transfer of certain plots in favour of other persons cannot be said to b
























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