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HIGH COURT OF BOMBAY
V. G. BISHT, J
Natthu S/o Baliram Nichat, Shamrao S/o Baliram Nichat, Bahinabai S/o Ramdas Sambhe – Appellant
Versus
Rajendra S/o Tukaram Madankar – Respondent
| Table of Content |
|---|
| 1. claim of specific performance based on contract. (Para 2 , 3 , 4 , 5 , 6) |
| 2. possession upheld through revenue records. (Para 9 , 10 , 11) |
| 3. determination of prima facie case for injunction. (Para 12) |
| 4. final conclusion on the appeal. (Para 13) |
Heard.
2. The appellants/original defendants have preferred present appeal against the order dated 16.01.2018 passed below Exh. - 5 in Regular Civil Appeal No. 24/2017 by the learned Additional Sessions Judge, Wardha, thereby allowing the application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure (for short ‘the Code’) and thereby injecting the respondents/defendants, their agents or representatives restrained from disturbing the possession of the respondent/plaintiff over the suit land until decision of the appeal.
3. The respondent/plaintiff herein has filed suit for specific performance of the contract against the appellants/defendants along with prayer for perpetual injunction. It is the case of the respondent/plaintiff that appellant/defendant No. 1 had agreed to sell the suit land for consideration of Rs. 1,72,500/- and accordingly, he paid earnest money of Rs. 45,000/- to him. Accordingly, an ea
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