PANDURANG SAKHARAM PATIL Vs. NANDED PARSI ANJUMAN TRUST

JUDGEMENT

(1.) Heard Learned Senior Counsel appearing for the Revision Applicant and learned Counsel appearing for the respondent.

(2.) This Civil Revision Application is filed, challenging the Judgment and Order dated 3rd December, 2001, passed by the 2nd Additional District Judge, Nanded, in Misc. Civil Appeal No. 58 of 2001, arising out of order dated 16th April, 2001 passed by the learned Jt. Civil Judge, Senior Division, Nanded in Regular Civil Suit No. 209 of 2001. The revision applicant is original defendant and respondent herein is original plaintiff in Regular Civil Suit No. 209 of 2001, for the sake of brevity the applicant herein will be referred as Defendant and respondent herein refer as plaintiff.

(3.) The plaintiffs i.e. present respondent herein, filed a suit for perpetual perpetual injunction restraining the defendant from interfering and obstructing the peaceful possession of the plaintiff over the second floor of shopping complex on the property bearing C.T.S. No. 3312 situated at Vazirabad Nanded. The plaintiff contended that the said plot is owned by the plaintiff. The plaintiff is a charitable institution running projects like Blood Bank, Dispensary etc. To have financial support the plaintiff sold some portion of land along with incomplete structure thereon to the defendant on 19th April, 2000 by way of registered sale deed. At the time of said sale-deed, the defendant has executed an agreement in favour of the plaintiff by which, he agreed that the premises of entire second floor of the property shall be in possession of the plaintiff, and plaintiff shall be owner of the same. However, thereafter, there was dispute between the plaintiff and defendant on the count of un-realization of the cheques issued by the defendant for the consideration amount and further, for encroaching upon some part of the property owned by the plaintiff. The Plaintiff further contended that on 19th March, 2001, the defendant has issued a notice to hand over possession of second floor to him. Thereafter, on 23rd March, 2001, the defendant along with some vagabonds came in the premises and tried to dispossess the plaintiff. The attempt was not successful, as the watchman of the plaintiff obstructed it. Therefore, the plaintiff filed suit for injunction, in which plaintiff has filed application for temporary injunction.