RAKESH RAJENDRAKUMAR AGARWAL Vs. BADRUDIN ABBAS PATEL

JUDGEMENT

(1.) The Respondent No. 1(Original Plaintiff) has filed a suit for declaration and injunction seeking a declaration that agreement executed in favour of the Petitioner (Original Defendant No. 1) on 21st November 2013 be declared null and void. It is also sought that the Petitioner be restrained by an order of injunction from creating third party rights in respect of the suit property and dispossessing the Plaintiff from the suit property. Along with the said suit, the Plaintiff filed an application for temporary injunction. The Petitioner filed a counter-claim along with an application seeking temporary injunction (Exhibit 35) seeking in following terms:

(2.) The learned Trial Court after hearing both the sides allowed the temporary injunction application below Exhibit 5 filed by the Plaintiff and rejected temporary injunction application filed along with counter-claim. Aggrieved by the said order, present Petitioner filed Miscellaneous Civil Appeal No. 100 of 2018. The learned District Judge by the impugned order dated 16th October 2018 dismissed the Appeal filed by the Petitioner. The Petitioner being aggrieved by order dated 16th October 2018 filed present petition.

(3.) Heard Mr. Dhakephalkar, learned Senior Advocate for the Petitioner and Mr. Sumanth Anchan for the Respondents.