SHARAD JAMNADHARJI MOR Vs. ARJUN YESHWANT DHANWATEY

JUDGEMENT

(1.) This appeal is directed against order passed by learned Civil Judge Senior Division, Nagpur below Exh. 5 in Special Civil Suit No. 1100/2007, whereby the learned Judge rejected appellant's application for injunction to restrain the respondents from creating third party rights over the suit property by way of sale, lease, gift, mortgage etc.

(2.) The facts, which are material for deciding this appeal are as under :

(3.) Respondent No. 1 took a defence that the transaction was one of loan for Rs. Two Lacs, while respondent No. 2 took a defence that he continued to have interest in the property and that the Deed of Relinquishment was executed in favour of his son on the advise that it was necessary for saving taxes.