NANDADEVI RAVINDRA NEMISHTE Vs. BABASO KERBA CHAVAN

JUDGEMENT

(1.) Present petition takes exception to order dtd. 10/1/2020 passed by District Judge-4, Kolhapur in Miscellaneous Civil Appeal No. 146 of 2019, whereby application below Exhibit-5 filed by petitioner has been rejected and order granting injunction passed by Civil Judge, Junior Division, Panhala in Regular Civil Suit No. 130 of 2018 has been quashed and set aside.

(2.) Petitioner filed Regular Civil Suit No. 130 of 2018 seeking decree of perpetual injunction against defendants. It is contention of petitioner that he purchased suit property from Kerba Shankar Chavan and Parvati Shankar Chavan under registered sale deed dtd. 9/7/1993, and since then he is in possession of suit property. His name has been mutated in record of rights. He has carried out substantial development in land and is cultivating sugarcane, which he is supplying to sugar factory. Since 2018 defendants, who are unconcerned with suit property, have been obstructing petitioner's possession, eventually, he filed suit along with application seeking temporary injunction.

(3.) Defendants/respondents refuted plaintiff's claim by filing written statement. In nutshell, it is contention of defendants that sale deed dtd. 9/7/1993 is without consideration. Petitioner/plaintiff had assured that he would provide employment to son of Kerba Shankar Chavan thus, relying upon assurance, sale deed was executed. However, possession of defendants continued over suit land. Now plaintiff is trying to obtain relief of injunction to secure possession.