LAWS(BOM)-2013-9-7

SOBHA DEVELOPERS LIMITED Vs. LANKA SITARAM KAMTHE

Decided On September 05, 2013
Sobha Developers Limited Appellant
V/S
Lanka Sitaram Kamthe Respondents

JUDGEMENT

(1.) Rule. Heard finally by consent of parties.

(2.) The Appellantoriginal Defendant No.1, developer, has challenged order dated 26 July 2013 passed by the Joint Civil Judge, Senior Division, Pune, whereby granted Injunction Application (Exhibit 5) filed by Respondent No.1 (Original Plaintiff).

(3.) The Suit is filed on 14 February 2013 by the Plaintiff for partition claiming 1/6th share in the property in question and claims to set aside the registered development agreement, and the Power of Attorney with power to convey the property, executed between Defendants 1 to 8 and Defendants 9 and 10 dated 20 May 2005 and later on Defendants 9 and 10 executed further development agreement and power of Attorney with right to convey the property with Appellantsoriginal Defendants, dated 21 July 2006. An Application (Exh. 5) is also filed for the adinterim relief/injunction on 18 February 2013.