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2022 Supreme(Bom) 654

SANDEEP K.SHINDE
Santosh Dnyanoba Gawade – Appellant
Versus
Prakash Nensukh Navlakha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anil Anturkar alongwith Tushar Sonawane a/w Ranjeet Shinde, Advocate
For the Respondent:Mr. R.D. Soni alongwith V.R. Kasle i/by Ram and Co., Advocate

JUDGMENT :

1. In the Special Civil Suit No. 102/2020 instituted by the Respondents-Plaintiffs, seeking cancellation of registered sale deeds, perpetual injunction and alternatively for recovery of Rs.3,57,50,073/-, the learned trial Court at intermediate stage, vide order dated 11th February, 2021 restrained the Appellants-Defendants from creating the third party rights in the suit properties. That order is challenged, under Order 43 Rule -1(r) read with Section 104 of the Civil Procedure Code.

2. Briefly stated facts of the case are like this;

Plaintiff executed instrument of registered sale deed, dated 26th February, 2020, in respect of suit properties in favour of Defendant No.1 and 2 for lum sum consideration of Rs. 4,00,00,000/-. The sale deed was registered with Sub-Registrar Haveli No.6 at Pune. Towards the consideration, Defendant No.1 and 2 paid part of it, by RTGS and issued postdated cheques. Six cheques were returned unpaid in the month of April and July, 2020. Thereafter Plaintiffs did not deposit eleven cheques (all postdated) as requested by the Defendant No. 1 and 2. It is Plaintiffs case that during June to August, 2020, Defendants paid Rs. 6,00,000/-by RTGS. Thus, ou

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