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2023 Supreme(Online)(Bom) 2724

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
M/s. Nanded City Development and Construction Company Ltd. – Appellant
Versus
Laxman Eknath Dedge and Ors. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. G.S. Godbole, Senior Advocate i/by. Ms. Shruti Tulpule
For the Respondents: Mr. Surel Shah i/by. Mr. Shailesh D. Chavan

Table of Content
1. court accepted case for hearing based on consent. (Para 1 , 2)
2. disputes stemmed from allotment requests amid joint development agreement. (Para 4 , 10 , 11)
3. appellant asserts fulfillment of obligations, while respondents claim possession. (Para 5 , 6)
4. balance of convenience favors plaintiff over defendants. (Para 20 , 22)
5. trial court's errors led to reversal of decision favoring plaintiff. (Para 23 , 24)
JUDGMENT :

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 dated 3 October 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 Village- Khadakwasla, Taluka-Haveli, District-Pune in pursuanc

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