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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

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 pursuance of Notifcation dated 23 January 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 dated 20 April 2011 came to be executed with the Respondents- Defendants 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-Na

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