BALU BABURAO RATHARE Vs. GIRDHAR CREATIONS

JUDGEMENT

(1.) THIS Appeal from Order (AO 292/2007) was heard on earlier occasion. It was placed yesterday for passing judgment/final orders. However, it was noted that Mr. S. M. Gorwadkar has filed his Vakalatnama on behalf of the original defendant -respondent No.10 who is the contesting defendant and who has claimed that who has taken over the rights in the immovable property of the original defendant nos. 1 to 3. Thus, the contesting parties who were represented by Mr. Gorwadkar could not be heard as he was not present. Equally the respondent nos. 12 and 13 have been represented by Mr. Jaydeep Deo. He was also present on earlier occasion. Therefore, I have heard the advocates yesterday at some length and at the request of Mr. Gorwadkar, final orders were deferred today because, he sought time to take instructions from his client with regards to the prayers that are made in Civil Application No. 96 of 2010 in Appeal from Order No. 292 of 2007.

(2.) THE submissions of the parties would be noted a little later after referring to the order challenged in the present appeal.

(3.) THE Appeal from Order has been filed by the original plaintiffs in Special Suit No. 1311/2006, challenging the order passed below Exhibits 5, 34 and 68. By these applications, temporary injunction has been sought by the original plaintiffs seeking to restrain all the 13 respondents -defendants from disturbing their possession over the suit property and or from obstructing them from carrying out development and construction activities thereon, equally the defendants were sought to be restrained from creating any third party rights, interest in the suit property.