PARTH GHORPADE Vs. INDRAJEET D.GHORPADE

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned counsel for respondent Nos.3 to 6.

(2.) This appeal is filed against the order dtd. 20/7/2024 passed on I.A.Nos.1 to 3 in O.S.No.905/2021 rejecting the applications, wherein the relief is sought to restrain defendant Nos.2 to 6 from interfering, alienating and putting up of construction over the application schedule property.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the plaintiffs filed the suit for the relief of partition and separate possession and also for the relief of declaration to declare that the sale deed executed by defendant No.1 in favour of defendant Nos.3 to 6 is not binding on the share of the plaintiffs. It is contended that defendant No.1 has suppressed the fact with a malafide intention to deprive the legitimate rights of the plaintiffs over the suit schedule property and has illegally executed the sale deed and by virtue of sale deed, defendant Nos.2 to 6 have started not only to carry out construction but have also indulged in sale of flats to third parties with a view to make huge profits. Since the suit schedule property is a vacant land and as the same so called sale deed holders are wrongly claiming that they have purchased portion of the suit schedule property under the registered sale deeds, the plaintiffs have come up with these applications contending that the defendants are financially sound and have close connection with local politicians and anti social elements. The defendants may go to any extent to deny the plaintiffs lawful right and share. Hence, apart from filing the suit for partition, the plaintiffs also filed the I.As. to restrain defendant Nos.2 to 6 from interfering, alienating and putting up of construction over the suit schedule property.