SATYANARAYAN MALPANI Vs. SUSHILADEVI S MALPANI

JUDGEMENT

(1.) THIS Notice of Motion is taken out by the defendant No. 2 praying that the operative part of the order passed by Mr. S. S. Nijjar, J. in the Notice of Motion No. 557 of 1995 be corrected so as to read and be applicable in respect of the land admeasuring 8022. 23 square metres, bearing CTS No. 2-B part and 2-H of village Kandivli, Taluka Borivli, Bombay Sub-urban District instead of the land described in the schedule Exhibit A to the plaint.

(2.) THE suit is filed by the father-in-law of defendant No. 1 and father of defendant Nos. 2 and 3. Defendant Nos. 1 and 2 are husband and wife. The suit is filed by the plaintiff praying inter alia that the Deed of Cancellation dated 25th January, 1985 (Exhibit K to the plaint) and the Deed of Confirmation dated 7th September, 1988 (Exhibit L to the plaint) are legal, valid and subsisting and binding on the parties thereto and that the agreement dated 6th February, 1980 (Exhibit D to the plaint) stands cancelled by the Deed of Cancellation dated 25th January, 1985 etc. The litigation is in order to get control/ownership of the suit property. The Notice of Motion was taken-out by the plaintiff praying for interlocutory relief of injunction in terms of prayer Clause (a) of the Notice of Motion, and the same was granted by Mr. S. S. Nijjar, J. by a reasoned order dated 20th January, 1997. The said prayer Clause (a) reads as under :--

(3.) THE present Notice of Motion, however, is taken out by defendant No. 2, once again, for the very same relief. On this ground, the plaintiff has vehemently opposed the relief sought by defendant No. 2 in the present Notice of Motion.