JUDGMENT

SANDEEP V.MARNE, J. - Rule. Rule is made returnable forthwith. With the consent of parties taken up for final hearing.

2. By this petition, petitioner assails order dtd. 25/11/2021 passed by the District Judge-6, Kalyan allowing Appeal and setting aside order passed by the 2nd Joint Civil Court, Senior Division on 2/1/2018 by which the trial Court had rejected plaintiff's application for striking out the defence of defendant No. 2. The net result of the order of District Court is that the defence of defendant No. 2 has been struck out.

3. Plaintiff/respondent No. 1 has instituted Special Civil Suit No. 144 of 2016 against Vishnu Bhagwan Mhatre (respondent No. 2) and Sanjay Thakkar (petitioner) for enforcement of agreement of Sale dtd. 30/12/2015 executed in pursuance of compromise decree in RCC No. 428 of 2014 and for amalgamation and allotment of Shop Nos. 9 and 10 by defendant No. 2 to plaintiff. Plaintiff apprehended defendant No. 2 creating third party rights in respect of shop Nos. 9 and 10 and was therefore pressing for temporary injunction. In the application for temporary injunction, which was to be heard 26/10/2016, defendant No. 2 filed a pursis stating that he inte