KALPESH BABULAL JAIN Vs. SHEIKH ABDUL KASED

JUDGEMENT

(1.) The petitioners claim to be the co-owners of the property which is the subject of R.A.E. & R. Suit No.1016 of 2016 in the Small Causes Court, at Bombay.

(2.) To begin with, the 1st and the 2nd respondents sued the 3 rd respondent on the grounds that they are exclusive owners, that the 3 rd respondent is the tenant, and that he should vacate the leased property and hand it over to them. Pending that suit, there arose a title dispute between the petitioners on the one hand and the respondents 1 and 2 on the other, for the petitioners claimed 3/4th right in the property. And it has led to another S. C. Suit No.443 of 2015, filed by the respondents 1 and 2. In that suit, they secured an interim order restraining the petitioners in this writ petition from acting on the sale deed based on which they are claiming their right.

(3.) Against that interim order, the petitioners filed three Applications before this Court. By a common order, this Court recorded the consent terms of the parties, and one of the terms reads: