Vasant Govardhan Madhrele v. Balasaheb Maruti Londhe And Others

4-CA-663-2022 SGPunde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 663 OF 2022 IN SECOND APPEAL NO. 34 OF 2022 Vasant Govardhan Madhrele ... Applicant

Versus

Balasaheb Maruti Londhe & Ors.

... Respondents ...

Mr. Shrikrishna S. Shinde - Advocate for applicant Mr. S. S. Bora - Advocate for respondent nos. 1 to 4 ....

CORAM : GAURI GODSE, J.

DATE : 02ND MARCH, 2023 PER COURT :

1.

This application is for an order of injunction restraining the respondents from creating third party interest in the suit property. 2.

Second Appeal is already admitted on the point of entitlement of the appellant for seeking performance of the agreement for sale executed in favour of the appellant. By order dated 02nd Mrch, 2022, there is an already order passed restraining the respondents from creating third party interest in the suit property. 3.

In view of the facts and circumstances of the case and to avoid 1/2

4-CA-663-2022 multiplicity of proceedings, it is in the interest of justice to restrain respondents from creating third party interest in the suit property. Hence, during the pendency of the second appeal, there will be interim relief in terms of prayer clause 'B', which reads thus:

'B' - This Hon'ble High Court may be please to grant injunction restraining the respondents not to change the nature, not to transfer/alienate, not to create charge/incumbrance or not to create any kind of third-party interest in the suit property interest in the suit property i.e. Plot No. 2 situated at Savdei, Mohanbag on Sy. No. 137/1, C.T.S. No. 7592 admeasuring 250 sq.ft. Bounded by to East: Land of Sou. Navle, South: Road, West: plot No. 1 and North: Nana Maharaj Math till final disposal of the present Second Appeal.

4.

Civil Application is disposed off.

[ GAURI GODSE ] JUDGE 2/2