PRALHAD KALYAN VANVE Vs. PRAVIN POPAT DARADE

JUDGEMENT

(1.) This writ petition is by original plaintiff in R.C.S. No. 87/2023. The respondents are original defendants in the said suit. In the suit, application filed by the plaintiff below Exh. 5 came to be allowed by granting injunction against the defendants. The defendants preferred Misc. Civil Appeal No. 8/2023. The said appeal came to be allowed and thus the original plaintiff is before this Court.

(2.) The facts in short giving rise to this petition are as below :

(3.) The parties are referred as per their original status in the suit for the sake of convenience. The plaintiff filed a suit for declaration and injunction in respect of the suit land. It is the case that, the plaintiff purchased a land Gat No. 375 admeasuring 3H 87R from village Ulup, Taluka Bhoom, District Dharashiv from original owner Rohidas Kamble vide sale deed dtd. 3/11/1992 for consideration. The said Rohidas Kamble, however, again executed a bogus and nominal sale deed in favour of one Shaikh Karim Shaikh Shahajan. The L.Rs.of Shaikh Karim sold the land to defendants by sale deed dtd. 27/12/2022. However, the plaintiff is in possession since 1992 on the strength of sale deed by the original owner. The defendants on the basis of the sale deed in their favour tried to dispossess the plaintiff and obstructed his possession over the suit property. The plaintiff therefore filed the suit. In the suit, he filed an application below Exh. 5. The learned Trial Judge by order dtd. 10/2/2023 allowed the said application. In an appeal by the defendants the learned District Judge-1, Bhoom allowed the appeal and set aside the order passed by the learned Trial Judge on Exh. 5 application. The plaintiff is thus before this Court.