The court emphasized the importance of challenging relevant documents and seeking timely injunctions in property disputes.

JUDGMENT

Sandeep V. Marne, J. - Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final hearing.

2. In these Petitions, judgment and order dated 25 January 2021 passed by the District Judge-II, Panvel, Raigad in Misc. Civil Appeal Nos.260/2019 and 258/2019 are under challenge. By that judgment and order, the District Court has allowed the Appeals and has set aside the order of temporary injunction dated 29 October 2018 passed by the Joint Civil Judge Senior Division, Panvel in Special Civil Suit No.459 of 2016. Petitioner is thus aggrieved by lifting of temporary injunction clamped by the Trial Court on Defendant Nos. 3 to 5 from further developing suit property as well as from alienating the same.

3. Facts, in a nutshell, are that Petitioner is the Plaintiff in Special Civil Suit No.459 of 2016 filed against his sister (Defendant No.1), his mother (Defendant No.2), purchasers of the suit property (Defendant Nos.3 and 4) and the Developer (Defendant No.5). The suit is filed seeking declaration of share of Petitioner-Plaintiff in the suit property. Petitioner-Plaintiff has also sought a declaration that the deed of revocation of will dated 27 October 2015 as well as Gift Deed dated 27 October 2015 are void as void and not binding on him.

4. Petitioner-Plaintiff's father Vasant Vasudeo Gore was apparently in Government service and his mother Smt. Pramila Vasant Gore was a teacher. It is the case of Petitioner-Plaintiff that the father purchased the suit property out of his own funds in the name of the mother. The mother executed registered Will on 11 June 2008 in respect of 23 movable properties and also in respect of suit property in which she gave equal shares to Petitioner-Plaintiff and his sister (Defendant No.1). The mother (Defendant No.2) however subsequently executed two documents on 27 October 2015 by which she revoked her will and also gifted the entire suit property in favour of the sister (Defendant No.1). The sister thereafter executed a conveyance deed of the suit property in favour of Defendant Nos.3 and 4 on 15 February 2016. Defendant Nos.3 and 4 thereafter executed Development Agreement in favour of Defendant No.5 on 18 March 2016. The Developer (Defendant No.5) started developing suit property by constructing a building thereon.

5. Petitioner-Plaintiff issued notice dated 30 September 2016 to Defendant Nos.3 and 4 calling them upon to rescind the Conveyance Deed and Development Agreement. Petitioner-Plaintiff noticed the bungalow standing on the suit property being demolished and made enquiries with the then Panvel Municipal Corporation about issuance of development permission. He later came to know that the Municipal Corporation had issued development permission in favour of Defendant Nos.3 and 4.

6. Petitioner-Plaintiff therefore instituted Special Civil Suit No.459 of 2016 in the Court of Civil Judge Senior Division, Panvel seeking declaration that the Deed cancelling Will as well as Gift Deed, both executed on 27 October 2015, are void and not binding on him. Petitioner-Plaintiff sought temporary injunction to restrain Defendant Nos.3 to 5 from carrying on any construction on the suit property. By its order dated 29 October 2018, the trial Court was pleased to pass an order of temporary injunction restraining Defendant Nos.3 to 5 from further developing the suit property, alienating the same, creating third party interest therein and parting with possession thereof till decision of the suit.

7. Aggrieved by the order of temporary injunction passed by the trial Court on 29 October 2018, Defendant Nos.3 and 4 filed Misc. Civil Appeal No.258 of 2019 and Defendant No.5 (Developer) filed Misc. Civil Appeal No.260 of 2019 in the Court of District Judge, Panvel. By separate judgments delivered on 25 January 2021, the District Court has proceeded to allow both the Appeals by setting aside the order of temporary injunction granted by the Trial Court.

8. Appearing for Petitioner-Pl