SANTOSH DNYANOBA GAWADE Vs. PRAKASH NENSUKH NAVLAKHA

JUDGEMENT

(1.) In the Special Civil Suit No. 102/2020 instituted by the Respondents-Plaintiffs, seeking cancellation of registered sale deeds, perpetual injunction and alternatively for recovery of Rs.3,57,50,073.00, the learned trial Court at intermediate stage, vide order dtd. 11/2/2021 restrained the Appellants-Defendants from creating the third party rights in the suit properties. That order is challenged, under Order-43 Rule -1(r) read with Sec. 104 of the Civil Procedure Code.

(2.) Briefly stated facts of the case are like this; Plaintiff executed instrument of registered sale deed, dtd. 26/2/2020, in respect of suit properties in favour of Defendant No.1 and 2 for lum sum consideration of Rs.4,00,00,000.00. The sale deed was registered with Sub-Registrar Haveli No.6 at Pune. Towards the consideration, Defendant No.1 and 2 paid part of it, by RTGS and issued postdated cheques. Six cheques were returned unpaid in the month of April and July, 2020. Thereafter Plaintiffs did not deposit eleven cheques (all postdated) as requested by the Defendant No. 1 and 2. It is Plaintiffs case that during June to August, 2020, Defendants paid Rs.6,00,000.00 by RTGS. Thus, out of Rs.4,00,00,000.00, the Defendnat No.1 and 2 paid only Rs.79,7417.00; leaving balance of Rs.3,20,25,829.00. In spite of these facts, Defendant No.1 and 2 sold suit properties to the Defendant No. 3 to 14 by executing sale deeds dated on 3/7/2020; 7/7/2020; 6/8/2020; 14/8/2020 and 19/8/2020. Although the Defendant No. 1 and 2 were repeatedly called upon to pay balance purchase price, they evaded to pay under one pretext or other. Constrained thereby, Plaintiffs filed suit on 21/9/2020, against the Defendants seeking following reliefs;

(3.) Pending suits, Plaintiffs sought injunction to restrain Defendants from creating third party rights/ interest in the suit properties.