RAVIKIRAN VASANT GORE Vs. SAINATH ENTERPRISES PARTNERSHIP FIRM

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith, with the consent of the parties and is taken up for final hearing.

(2.) In these Petitions, judgment and order dtd. 25/1/2021 passed by the District Judge-II, Panvel, Raigad in Misc. Civil Appeal Nos.260/2019 and 258/2019 are under challenge. By that judgment and order, the District Court has allowed the Appeals and has set aside the order of temporary injunction dtd. 29/10/2018 passed by the Joint Civil Judge Senior Division, Panvel in Special Civil Suit No.459 of 2016. Petitioner is thus aggrieved by lifting of temporary injunction clamped by the Trial Court on Defendant Nos. 3 to 5 from further developing suit property as well as from alienating the same.

(3.) Facts, in a nutshell, are that Petitioner is the Plaintiff in Special Civil Suit No.459 of 2016 filed against his sister (Defendant No.1), his mother (Defendant No.2), purchasers of the suit property (Defendant Nos.3 and 4) and the Developer (Defendant No.5). The suit is filed seeking declaration of share of Petitioner-Plaintiff in the suit property. Petitioner-Plaintiff has also sought a declaration that the deed of revocation of will dtd. 27/10/2015 as well as Gift Deed dtd. 27/10/2015 are void as void and not binding on him.