VIJAYA VIJAYA VITTHALANI Vs. JAGDISH KANJUBHAI VITTHALANI

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the respondent.

(2.) This is an appeal challenging the judgment and decree passed by the District Judge, Gadchiroli in Regular Civil Appeal No. 50/2009 whereby the appeal preferred by the appellants challenging the judgment and decree dated 30-6-2009 passed by the learned Civil Judge (Senior Division), Gadchiroli in Special Civil Suit No. 34/2003 came to be dismissed.

(3.) The appellants filed the suit for specific performance of contract and for injunction and in the alternative for refund of earnest money that was claimed to have been paid by them to the respondent. The plaint came to be rejected by order dated 9-2-2005 and as such the suit of the appellants did not survive. The counter-claim filed by the respondent was as such taken up for consideration. The counter-claim was for a mandatory injunction to remove the shed which was raised by the appellants and also for a perpetual injunction restraining the appellants not to disturb the lawful possession of the respondent over the suit property.