SHANKAR GOVINDLAL PATWARI Vs. SANJAY RAMESHWAR SHARMA

JUDGEMENT

(1.) The appeal is admitted. Notice after admission made returnable forthwith by consent. Both sides are heard for final disposal.

(2.) The appeal is filed under the provision of Order 43 of the Code of Civil Procedure against the order made on temporary injunction application filed by present respondents in Special Civil Suit no.133 of 2012 which is pending in the Court of the Civil Judge, Senior Division, Dhule. The suit is filed for relief of specific performance of contract by respondent No.1. Relief of temporary injunction is granted against the appellant, owner of the property, and he is restrained from making construction over the suit property till decision of the suit.

(3.) The suit is filed in respect of open space bearing CTS No.3238 admeasuring 59.04 square meters and situated within limits of Dhule Corporation. It is the case of the respondent No.1/plaintiff that defendant No.1 had agreed to sell the suit property to him under written agreement dated 16-9-2011. It is contended that the plaintiff was already in possession of the suit plot as it was given on lease basis for keeping his motor cycles.