Advocates:
['KIRAN M NAGARKAR', 'R B SALVE', '', 'R B SALVE', 'P M GAIKWAD']

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD.

APPAL FROM ORDER 62 OF 2009.

Shri Tarachand Nana Shejwal

and others

...Appellants .

VERSUS.

Shri Govind Maharaj Fakirrao Bagul

and others.

...Respondents.

Mr. Kiran M.Nagarkar,Advocate for appellants.

Mr. P.M.Gaikwad for respondents

(CORAM : P.R.BORKAR,J )

DATE : 10^thSeptember,2009.

PER COURT :

1.

This appeal is directed against the order of

temporary injuntion granted by the learned Civil Judge

Senior Division Kopargaon dated 8^th April,2009 passed on

application Exh.6 in Special Civil Suit No. 129 of 2008,

whereby the defendants are temporarily restrained from

alienating the property or creating third party interest in

the suit property.

2.

It is case of the respondent no.1, who was original

plaintiff, that he has agreed to purchase the property

belonging to appellants and respondent Nos. 2 and 3 for Rs.

Eight Lacs, out of it, an amount of Rs.5,27,000/- was paid

time to time and an agreement to sale was executed.

However, lateron the defendnats refused to execute the sale

deed and therefore, the suit is filed for specific

pe