BABAN ANANTRAO NAIK Vs. SAU PRAMILA UTTAMRAO YENARE

JUDGEMENT

(1.) This Court vide its Order dated 02/03/2010 had ordered issuance of notice to the respondents with an indication that the Appeal would be finally heard at the stage of admission. With the consent of the learned counsel for the parties, the Appeal is heard finally at the stage of admission.

(2.) Heard Mr. N.V. Gaware, the learned counsel for the appellant and Mr. V.D. Hon, the learned counsel for the respondents.

(3.) The present appellant has instituted Special Civil Suit No. 47 of 2009 for specific performance of contract and for declaration that the sale deed dated 05/12/2008 executed by defendant no. 1 in favour of defendant no. 2 is illegal, null and void and also for perpetual injunction. Along with the said Suit, the present appellant also filed an application for temporary injunction (Exh. 5) restraining the respondents from interfering with the possession of the appellant in the suit premises.