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2022 Supreme(Bom) 1714

SANDIPKUMAR C. MORE
Umaji s/o Satwaji Shep (Died) by L. Rs. – Appellant
Versus
Gulam Mohmood s/o Gulam Dastgir (Died) By L. Rs. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. D. Sapkal, Senior Adv., Mr. M. K. Deshpande
For the Respondent: Mr. Akash Gade, Mr. S.A.P. Quadri, Mr. J. H. Deshmukh, Mr. S. A. Sable, Advs.

JUDGMENT :

1. The appellants in both these appeals, who are original respondent Nos.3/1 to 3/9 and 4/A to 4/G, have challenged the common order dated 15/01/2021 passed by the learned District Judge-2, Ambajogai (hereinafter referred to as 'the learned appellate court') below Exhibits-34, 40, 44 and 80 in RCA No. 44 of 2016. The application Exhibits-40 & 80 in RCA No. 44 of 2016 were fled by present respondent Nos.1/1 to 1/10, who are respondent Nos. 5/1 to 5/10 in RCA No. 44 of 2016, where as application Exhibits-34 and 44 in RCA No. 44 of 2016 were fled by present respondent Nos.1-A and 2-A. Under the impugned order, the learned appellate court has allowed all the applications Exhibits-34, 40, 44 and 80 and thereby restrained the present appellants from alienating the suit lands and for creating any third party interest in the same till final disposal of the appeal.

2. On perusal of the impugned order, it appears that the learned appellate court by relying upon certain photographs in respect of display of board named as 'Satwaji Nagar' on the suit property, came to conclusion that the present appellants were trying to create third party interest in the suit land by developing the sa

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