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2023 Supreme(Bom) 657

M. S. JAWALKAR
Bharat Dura-ganna Ramgirwar – Appellant
Versus
Laxmibai, wd/o. Jagdish Kumar Khungar – Respondent


Advocates Appeared:
For the Applicant : Shri J.J. Chandurkar.
For the Respondents: Shri O.R. Deshpande, Shri S.C. Bhalerao, Shri A.D. Girdekar.

JUDGMENT :

1. Heard. By consent of parties, the matter is taken up for final hearing at the stage of admission.

2. The appellant/original defendant No.7 to 27 are challenging the order passed by the learned Civil Judge Senior Division, Kelapur, District Yavatmal in Special Civil Suit No.22/2018 dated 31/01/2022 below Exhibit 63 in an application by the plaintiffs for temporary injunction.

3. The case of the plaintiffs is that an agreement of joint venture was executed on 30/12/2006 between deceased Jagdish Khungar along with plaintiff Nos.3 and 4 at one part and defendant Nos.4 to 6 then minor through their natural guardian i.e. mother (defendant No.2) on other part. Further contention of the plaintiffs was that there is another agreement of joint venture dated 24/03/2011 was executed between one deceased Jagdish Khungar along with plaintiff Nos. 3 and 4 at one part and defendant Nos.1 to 3 at another part and plaintiff Nos.5 to 7 on other part. The subject matter of the suit was field Survey No.10603 admeasuring 4 H 4 R situated at Wani, District Yavatmal.

4. The plaintiff filed a suit bearing Special Civil Suit No.22/2018 for declaration, mandatory injunction and recovery of mone

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