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2023 Supreme(Online)(Bom) 17666

APPELLATE SIDE,BOMBAY
SANDEEP V. MARNE, J
Ashok Kashinath Talware – Appellant
Versus
Jayshree Jagdish The & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Shekhar Jagtap, Ms. Sairuchita Chowdhary, Mr. Akash Pandey
For the Respondents: Mr. Girish Godbole, Mr. Prathamesh Nirkhe, Mr. Amit Bharadwaj, Mr. S.M. Gorwadkar, Mr. Gurudas Gorwadkar

ORAL ORDER

1 The Appellant in the present Appeal challenges order dated 17 February 2023 passed by the Joint Civil Judge Senior Division, Nashik, rejecting application at Exhibit-5 for grant of temporary injunction and allowing application filed by Defendant Nos.4 to 7 at Exhibit 64 granting temporary injunction in their favour. By the impugned order, the Trial Court has temporarily restrained the Plaintiff from disturbing the Defendants’ possession over the suit property till final decision of the suit.

2 Plaintiff has instituted Special Civil Suit No.563 of 2020 in the Court of Civil Judge Senior Division, Nashik, seeking a prayer for specific performance of the development agreement dated 5 October 1992. The Plaintiff has also challenged the development agreement dated 18 November 2020 and General Power of Attorney dated 19 November 2020 executed by Defendant Nos.1 to 3 in favour of Defendant Nos.4 to 7. In his Suit, Plaintiff filed application at Exhibit-5 seeking temporary injunction to restrain the Defendants from creating third party rights in the suit property and from disturbing his possession. Defendant Nos.1 to 3 appeared in the suit and filed their written statement and r

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