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2021 Supreme(Bom) 184

AVINASH G.GHAROTE
Pralhad – Appellant
Versus
Sulochana Ramchandra Kawarkhe – Respondent


Advocates Appeared:
For the Petitioner:C.A. Joshi, Advocate
For the Respondents:V.K. Paliwal, Advocate

JUDGMENT :

1. Heard. Rule. Rule made returnable forthwith.

2. In Regular Civil Suit No.140/2012 a suit for partition and separate possession, filed by the present respondent no.1, for 1/5th share in the suit property, claiming to be the co-owner of the same, on account of the property being purchased on 7/6/1966 by the petitioner's maternal uncle Narayan Laxman and therefore was a joint family property, the learned Trial Court, on an application for grant of temporary injunction, granted ad interim relief on 22/3/2012, restraining the defendant no.1 (the present petitioner) from alienating or creating third party interest in the suit properties until further orders.

3. On 11/4/2012, the petitioner (defendant no.1) executed and registered two sale-deeds, one in respect of 2.42 hectares (northern side) of Gat No.20 in favour of Shaikh Aslam Gulam Rasul and Abdul Rahim Gulam Rasul for consideration of Rs.3,39,000/- and another in respect of 2.21 acres of land (southern side) of Gat No.20 in favour of Shaikh Ansar Shaikh Kasam and Gulam Rasul Shaikh Chand for a consideration of Rs.3,09,000/-.

4. The respondent no.1, filed an application under Order XXXIX Rule 2-A of C.P.C., claiming the v

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