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2023 Supreme(Bom) 1347

SANDEEP V. MARNE
Jitendra Pandurang Chaudhari – Appellant
Versus
Moreshwar Dinkar More – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ram S. Apte, Siddharth C. Wakankar, Chaitanya Nikte, Hitanshu S. Jain.
For the Respondents: Jamil Shaikh, Ramiz Shaikh.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Order dated 10 December 2018 passed by the Civil Judge Senior Division, Pune, allowing application for temporary injunction is the subject matter of challenge in the present Appeals.

2. Respondent Nos. 1 to 5 have instituted Special Civil Suit No. 1045 of 2018 in the Court of Civil Judge Senior Division, Pune, essentially seeking partition of the suit properties. As a consequence of relief for partition, various sale transactions by which some of the suit properties are alienated, have also been challenged in the suit. There are as many as 53 Defendants to the suit and numerous properties. However, for the purpose of determining the validity of the impugned order of temporary injunction dated 10 December 2018, what is relevant is only one suit property bearing Gat No. 97, village Koregaon Mul, taluka Haveli, District Pune. Also, only back to back two transactions in respect of land bearing Gat No. 97/2, being sale deed dated 4 April 2016 executed by Defendant Nos. 2 to 9 in favour of Defendant No. 1 and the sale deed dated 1 November 2018 executed by Defendant No. 1 in favour of Defendant Nos. 13, 14 and 15 (Petitioners herein), are relevant.

3. By th

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