MANISHA Vs. MADANLAL

JUDGEMENT

(1.) By the present Appeal from Order, the appellant is challenging the order dtd. 24/1/2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No.1186 of 2022 in Exh.5 application, whereby the Civil Judge Senior Division clamped injunction against the present appellant - original defendant, directing the defendant not to create third party interest in the suit property during pendency of the Special Civil Suit No.1186 of 2022.

(2.) The respondent - plaintiff is an agriculturist and deals in real estate. The appellant - defendant is the lawful owner and possessor of the land to the extent of 1 Hector 21 R. land out of Gat No.114/1 situated at village Nakshatrawadi, Aurangabad. The appellant - defendant entered and executed agreement to sell in favour of the respondent - plaintiff on 17/6/2002. As the defendant allegedly failed to perform her part of contract, the plaintiff filed Regular Civil Suit No.113/2014 for specific performance of contract and the said suit came to be dismissed. Against the said dismissal, Regular Civil Appeal No.287 of 2016 is filed and the same is still pending before the Ad-hoc District Judge-2, Aurangabad.

(3.) It is the case of the plaintiff that during the pendency of the said Appeal, the defendant and her husband approached to the plaintiff and offered to compromise the matter on payment of higher consideration amount for the suit land and to settle the matter once for all. The plaintiff considering his own old age and that of the defendant too and with a view to settle the old litigation agreed for the same. The defendant thereby entered into a new agreement with plaintiff vide notary registered agreement dtd. 7/5/2022 in presence of witnesses including her husband, her then lawyers and grand-son of the plaintiff for sale of the suit land.