LAWS(BOM)-2008-3-235

MALHARI VITHOBA ZAWARE Vs. BHIMASHANKAR BALWANT PAYMODE

Decided On March 11, 2008
Malhari Vithoba Zaware Appellant
V/S
Bhimashankar Balwant Paymode Respondents

JUDGEMENT

(1.) By way of Writ Petition No.3231/2003, the petitioners, challenge the order dated 11th November, 2002, passed by the learned Civil Judge, J.D.Parner in R.C.S.No.282/2002 below Exh.5, thereby rejecting the application filed by the present petitioner for temporary injunction and the order dated 27th March, 2003 passed by the learned 2nd Jt.District Judge, Ahmednagar in Civil Misc.Appeal No.180/2002, thereby dismissing the appeal filed by the present petitioner.

(2.) Appeal from order No.62 of 2003, challenges the order dated 19th April, 2003 passed by the learned Jt.Civil Judge, S.D., in Special Civil Suit No.33/2003, below Exh.5, thereby rejecting the application for temporary injunction filed by the present appellant.

(3.) The issues involved in both the suits are same. The parties are also same. The suits are counter suits against each other. Both the parties are claiming decree for perpetual injunction.