Gangubai Bhagchand Baldava, Died Thr. L.Rs. Gulabchand Bankatram Baldava, Died Thr. L.Rs. Vijaykuma v. Goush Mohiuddin Haji Chiraj Mohiuddin Kazi, Died Thr. L.Rs. Kazi Nazimoddin And ORS

905-CA-10907-2012

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10907 OF 2012 Gangubai Bhagchand Baldava Died Through LRs Gulabchand Bankatram Baldava Died Through LRs Vijaykumar and others ... Applicants

Versus

Goush Mohiuddin Haji Chiraj Mohiuddin Kazi Died Through LRs Kazi Nazimoddin and others ... Respondents ....

Mr. S.P. Shah - Advocate for Applicants Mr. Y.V. Kakade - Advocate for Respondent Nos. 1-A-1 to 1-A-6 Mr. A.M. Inamdar - Advocate for Respondent Nos. 1-B ....

CORAM : R.M. JOSHI, J.

DATE : 10th March, 2023 PER COURT :

1.

By this application, appellants / plaintiffs are seeking injunction against respondents / original defendants from creating any third party interest in the suit properties.

2.

Perusal of the record indicates that Trial Court as well as First Appellate Court have recorded the finding in favour of the plaintiffs in respect of agreement to sale.

3.

The First Appellate Court accepting the case of the plaintiffs, has granted alternate relief for refund of earnest money. Second 1/2

905-CA-10907-2012 Appeal is admitted by framing substantial question of law. 4.

In such circumstances, if creation of any third party interest in the suit property will only lead to further complications.

5. Hence, Civil Application is allowed in terms of prayer clause 'a'. 6.

Civil Application is disposed of.

[ R.M. JOSHI, J. ] SPChauhan 2/2