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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Tourism Finance Corporation of India Limited – Appellant
Versus
Aishwarya Chetan Khedkar @ Aishwarya – Respondent
JUDGMENT :
N.J.JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. The Petitioner – Defendant No.5 questions the legality, propriety and correctness of a judgment and order dated 24 January 2025 passed by the learned District Judge, Vadgaon – Maval, Dist. Pune, in Misc. Civil Appeal No.47 of 2023, whereby the appeal preferred by the Respondent No.1 – Plaintiff against an order dated 14 December 2023 passed by the learned Civil Judge, Sr. Division, Vadgaon, thereby rejecting the application for temporary injunction in RCS No.305 of 2023, came to be allowed by setting aside the said order and restraining the Petitioner – Defendant No.5 and Defendant Nos.1 to 4 from creating third party interest in the property bearing Survey Nos.1/1/A/1, 1/1/A/6 and 1/1/A/7 with the building housing Hotel Aishwarya Regency (the suit property), without due process of law, to the extent of the share of the Plaintiff therein, till the final disposal of the suit.
3. The Petitioner is a public limited Company. The Petitioner had sanctioned financial facilities to Aishwarya Regency LLP, a limited liability Partnership. Defendant N
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