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2023 Supreme(Bom) 2171

SANDEEP V. MARNE
Nanded City Development And Construction Company Ltd – Appellant
Versus
Laxman Eknath Dedge – Respondent


Advocates appeared:
G.S.Godbole, Advocate, Shruti Tulpule, Advocate, Surel Shah, Advocate, Shailesh D.Chavan, Advocate

JUDGMENT/ORDER

1. Admit. With the consent of the learned counsels appearing for parties, the appeal is taken up for hearing.

2. This Appeal is fled challenging order dtd. 3/10/2022 passed by the 11th Joint Civil Judge Senior Division, Pune rejecting Appellant-Plaintiff's application at Exibit-5 for grant of temporary injunction and allowing application fled by the Respondents-Defendants at Exhibit-34 granting temporary injunction in favour of the Defendants by restraining Plaintiff from obstructing Defendants' possession of the suit property.

3. The Appellant-Plaintiff is carrying out a phasewise development of large land parcel admeasuring 274.6977 hectares in Village-Nanded and 4.5847 hectares in VillageKhadakwasla, Taluka-Haveli, District-Pune in pursuance of Notifcation dtd. 23/1/2008 issued by the State Government under the provisions of Maharashtra Regional and Town Planning Act, 1966 for development of township named "Nanded City". A joint Development Agreement dtd. 20/4/2011 came to be executed with the RespondentsDefendants in respect of land admeasuring 2100 sq.mtrs (21 Ares) at Survey No.57, Hissa No.3A (Part) and Survey No.57, Hissa No.5(Part)at Village-Nanded. A Power o

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