SURESH BABURAO KULKARNI Vs. RAMCHANDER GOVIND KULKARNI

JUDGEMENT

(1.) This is an appeal by the original plaintiff against the order passed by the Civil Judge, Junior Division, Kolhapur vacating the ad interim injunction granted against the respondent-defendant on 23-1-1976.

(2.) The suit in which the temporary injunction was prayed for has been filed by the present appellant for specific performance of an agreement of sale which has been executed by the respondent in favour of the plaintiff agreeing to sell a piece of land bearing Survey No. 134/2 admeasuring 90 acres situate at Udgaon in Taluka Shirol, District Kolhapur. The parties are closely related. Respondent defendant is the paternal uncle of the appellant and ordinarily he resides at Poona where he practices in medicine.

(3.) It appears that the respondent has become owner of the aforesaid land under section 32-G of the Bombay Tenancy and Agricultural Lands Act (hereinafter called "the Bombay Tenancy Act") perhaps because he was in possession of that lands as a tenant of the original owner. This land is surrounded on all sides by the land belonging to the appellant.