AJAY SHANTILAL LALWANI Vs. SHRIKANT VITTHALRAO MAHALE

JUDGEMENT

(1.) The appellants, who are the original plaintiffs in Special Civil Suit No.37 of 2020, have challenged the order below Exhibit-6 dtd. 22/09/2022 passed by the learned 3rd Joint Civil Judge (Senior Division), Jalgaon. Under the impugned order, the learned trial court has rejected the application of the appellants / plaintiffs for not to create third party interest over the suit land during pendency of the suit.

(2.) The background facts are as under :

(3.) The learned counsel for the appellants / plaintiffs submits that the agreement to sale in respect of the suit land executed by respondent Nos.1 to 4, is still subsisting but those respondents with an intention to deprive the appellants / plaintiffs from their rights, have executed illegal sale deed of the suit land in favour of respondent No.5-Company by defeating the legal provisions. He further pointed out as to how the learned trial court has drawn wrong inferences in respect of the documents on record. Besides his oral submissions, he relied on following judgments.