RUTURAJ RAJENDRA KUNDAIKAR Vs. HANUMANT BAJANTRY

JUDGEMENT

(1.) Rule made returnable forthwith. The learned counsel for the respondents waives service. Heard finally by consent of the parties.

(2.) The petitioners are challenging the judgment and order dated 11/4/2016 passed by the learned District Judge at Margao in Misc. Civil Appeal No.71/2015, by which, while setting aside the order of the learned trial Court, has granted injunction in favour of the respondents restraining the petitioners or anybody on their behalf from alienating plot no.D-20 of the property surveyed under survey no.10/1 or from trespassing, encroaching or interfering therewith in any manner. The learned trial Court by order dated 27/8/2015 had dismissed the application for temporary injunction.

(3.) The brief facts are that the respondents filed Regular Civil Suit No.88/2013/A which is pending before the learned Civil Judge Senior Division at Quepem for a declaration that the Deed of Sale dated 3/2/2012 executed by the respondents in favour of the petitioners, is null and void and for consequent cancellation of the same and for permanent injunction. The case made out in the plaint is that the petitioner had failed to pay the consideration of the sale effected by the respondent in favour of the petitioners vide sale deed dated 3/2/2012 for Rs. 2,92,000/-. It is contended that the actual consideration agreed was Rs. 12,60,000/-. It is also contended that the sale is bad for want of previous sanction of the Collector as per Notification dated 21/8/1978.