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2022 Supreme(Bom) 1543

ANUJA PRABHUDESSAI
QED Properties Private Limited – Appellant
Versus
Maharashtra State Road Development Corporation Limited – Respondent


Advocates Appeared:
For the Appellants : Mr. Mayur Khandeparkar a/w. Ankit Lohia a/w. Zulfiqar Jariwala a/w. Shabbir Jariwala, a/w. Ganesh Ambekar i/b., Mr. Ruchir L. Tolat i/b. L.C. Tolat,
For the Respondent:Mr. Milind Sathe, Sr. Advocate a/w. Prashant Chawan with Arun Siwach with Ms. Priyanka Mitra with Karan Gandhi i/b. Cyril Amarchand Mangaldas, Mr. Milind Sathe, Sr. Advocate a/w. Prashant Chawan a/w. Rajmani Varma a/w. Ms. Tejashree Savratkar i/b. Navdeep Vora, Ms. Tanaya Goswami, AGP.

JUDGMENT :

1. These appeals under Section 96 of the Civil Procedure Code are filed against the Order dated 22.12.2021 passed by the learned Civil Judge, Senior Division, Panvel in Special Suit No. 493 of 2017. By the impugned order, the learned Judge dismissed the application for temporary injunction (Exhibit 5) filed by the aforesaid Appellants seeking to restrain the Respondents-Defendant from selling, transferring, conveying, assigning, alienating or creating third party right or encumbrance in respect of Plot A and Plot C (hereinafter referred to as ‘the suit plots’) or any part thereof and or from handing over possession and carrying out any constructions or development activity in the suit plots in any manner, and further from acting upon the letter dated 15.06.2015 pending hearing and final disposal of the suit.

2. The Appellants and the Respondents shall be hereinafter referred to as the Plaintiffs and the Defendants respectively. The Defendant No.1 is a Government of Maharashtra undertaking, constituted inter alia for construction, development and maintenance of roads, bridges, flyovers etc. The State of Maharashtra (Defendant No.2) had acquired land for construction of Pune

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