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2021 Supreme(Bom) 1592

R.G.AVACHAT
Babasaheb Deorao Jadhav – Appellant
Versus
Mahadeo Deorao Jadhav – Respondent


Advocates appeared:
S.V. Adwant, Advocate, A.D. Gade, Advocate, B.V. Virdhe, Advocate

JUDGMENT

R. G. Avachat, J. - The challenge in this appeal is to an order dated 20/6/2020, passed by the Court of Civil Judge, Senior Division, Ambajogai on application Exh.160, in Special Civil Suit No.5/2012. By the impugned order, the parties to the suit have been directed to maintain status quo as regards alienating, transferring or creating third party interest in respect of the suit properties. Original defendants No.5, 9, 10 and 11 have, therefore, preferred the present appeal.

2. Shri S.V. Adwant, learned counsel for the appellants herein would submit that, it is a suit for partition and separate possession of house and landed properties (55 in number), specifically described in the plaint. The suit dates back to 2012. An application (Exh.5), seeking for injunction, restraining the appellants from creating third party interest in respect of the suit properties was filed along with the suit itself. The plaintiff, elder brother of the appellant No.1, did not urge for hearing of the said application. The trial Court, therefore, in September 2015, passed an order to hear the application (Exh.5) along with the suit. Issues have been framed way back in June 2017. affidavit of eviden

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