KEDARNATH Vs. RUKHMANIBAI BABURAO WADKAR

JUDGEMENT

(1.) With consent of both sides, heard learned counsel for the AppellantPlaintiff and learned counsel for RespondentDefendant, finally.

(2.) Learned counsel for Plaintiff is submitting that the AppellantPlaintiff has filed suit against RespondentDefendant for decree of Rupees Fifteen Lakhs with interest. The Defendant is sister in law of the Plaintiff. It is the case of the Plaintiff that Plaintiff had obtained handloan of Rupees Fifty Two Thousand in 1997 from Defendant and the same was to be repaid in two years along with interest of Rupees Twenty Seven Thousand. Defendant had put condition that 80 R land from the land Survey No.269/2 of Ahmedpur should be transferred in her name by registered sale deed as security. Sale Deed was executed on 25th March 1997. By another agreement Kararnama property was agreed to be reconveyed in favour of the Plaintiff. The Plaintiff returned the amount on 25th March 1999. After some days when demanded, the Defendant refused to reconvey the property. She demanded Rupees Eighty Thousand in addition to the amount due. Matter was taken up before Panchas and it was settled to pay Rs.80,000/more till January 2006. Plaintiff went to pay Rs.80,000/at the time of Gudi Padwa of 2005 but Defendant avoided to accept money or reconvey.

(3.) In the Suit, Application for Temporary Injunction Exhibit 5 was filed, claiming that amount is deposited in Executing Court, and the Defendant should be restrained from withdrawing the amount.