S D SENDE Vs. MADHURI CONSTRUCTIONS

JUDGEMENT

(1.) HEARD party in person, Shri Pitre for respondent-original plaintiff, Shri Ketkar for Corporation.

(2.) RULE. Rule made returnable forthwith. Shri Pitre and Shri Ketkar waive service. Heard both sides.

(3.) THIS is a Contempt Petition filed by the original defendant in Special civil Suit No. 224 of 1989. Few facts which are relevant for the purpose of this Petition are that Respondent-Plaintiff filed Special Civil Suit No. 224 of 1989 for specific performance of an agreement of sale of development rights in favour of plaintiff executed by the present petitioner herein. In that suit an application Exhibit 5 was filed by the plaintiff and certain interim reliefs were sought and while considering the application of interim relief, it appears that the Sanction Map was also filed in the record of the learned Civil Judge sr. Division. The learned Judge granted reliefs as prayed for in favour of the respondent-Plaintiffs. Being aggrieved and dissatisfied by this order the present Petitioner filed Appeal from Order No. 444 of 1990. The said Appeal from Order came up for admission before brother Daud, J on 18-6-1990 what is important to be noted from the order passed by Daud J is the last paragraph of the order which reads as under : -