JITENDRA PANDURANG CHAUDHARI Vs. MORESHWAR DINKAR MORE

JUDGEMENT

(1.) Order dtd. 10/12/2018 passed by the Civil Judge Senior Division, Pune, allowing application for temporary injunction is the subject matter of challenge in the present Appeals.

(2.) Respondent Nos.1 to 5 have instituted Special Civil Suit No.1045 of 2018 in the Court of Civil Judge Senior Division, Pune, essentially seeking partition of the suit properties. As a consequence of relief for partition, various sale transactions by which some of the suit properties are alienated, have also been challenged in the suit. There are as many as 53 Defendants to the suit and numerous properties. However, for the purpose of determining the validity of the impugned order of temporary injunction dtd. 10/12/2018, what is relevant is only one suit property bearing Gat No.97, village Koregaon Mul, taluka Haveli, District Pune. Also, only back to back two transactions in respect of land bearing Gat No. 97/2, being sale deed dtd. 4/4/2016 executed by Defendant Nos. 2 to 9 in favour of Defendant No.1 and the sale deed dtd. 1/11/2018 executed by Defendant No.1 in favour of Defendant Nos.13, 14 and 15 (Petitioners herein), are relevant.

(3.) By the order impugned in the present Appeal, the Trial Court has restrained Defendant Nos.13 to 15 from creating any third party interest over the land bearing Gat No.97 during pendency of the suit. Aggrieved by the order dtd. 10/12/2018, two appeals have been filed. Appeal from Order No. 121 of 2019 is filed by Defendant Nos. 13 to 15 and Appeal from Order (Stp) No. 21532 of 2022 has been filed by Defendant No. 1.