Shakuntalabai Arvind Tilange vs Kamarrajja Abdul Habeeb Khatik ...
2021 Latest Caselaw 7843 Bom

                                                                       18-AO-2-21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      APEAL FROM ORDER NO.2 OF 2021
                      WITH CA/2050/2021 IN AO/2/2021

                   SHAKUNTALABAI ARVIND TILANGE
                                 VERSUS
          KAMARRAJJA ABDUL HABEEB KHATIK AND ANOTHER
                                    ...
     Advocate for Appellant : Shri Ajinkya A. Joshi h/f Shri S. V. Natu
                                     ...


                                 CORAM : B. U. DEBADWAR, J.

                                 DATE       : 14th JUNE, 2021

PER COURT :

1. Heard Shri Ajinkya A. Joshi holding for Shri S. V. Natu,

learned advocate for appellant.

2. By this appeal, appellant - original defendant No.2 has

challenged order dated 14-01-2020, passed by the learned Principal

District Judge, Nandurbar below application at Exhibit-5 in Regular

Civil Appeal No. 06/2019, whereby temporary injunction restraining

appellant herein from selling or transferring the suit property to the

third party till disposal of the appeal, granted.

3. It appears from the record that respondent No.1 herein

- original plaintiff had filed suit for specific performance and

possession of the suit property against respondent No.2 - original

defendant No.1 and appellant - original defendant No.2, bearing

1 of 3

18-AO-2-21.odt

Special Civil Suit No. 12/2011. After full-fledged hearing, by the

judgment and order dated 24-01-2019, learned Civil Judge, Senior

Division, Nandurbar refused to grant relief of specific performance

and possession. However, directed respondent No.2 herein -

Original defendant No.1 to pay earnest money of Rs.5,88,000/- to

respondent No.1 herein - original plaintiff.

4. Being aggrieved by the aforesaid judgment and decree

passed by the learned trial Court, respondent No.1 herein - original

plaintiff preferred Regular Civil Appeal No. 06/2019 before the

learned Principal District Judge, Nandurbar and moved application

below Exhibit-5 for grant of temporary injunction.

5. After hearing, both the sides, learned Principal District

Judge, Nandurbar passed the aforesaid impugned order. Being

aggrieve by the same, appellant - original defendant No.2 has

come before this Court.

6. According to the learned advocate for appellant, when

the suit for specific performance, filed by respondent No. 1 -

original plaintiff, came to be dismissed on merits, as he failed to

prove material issues pertaining to the enforceability of the

agreement to sale, the learned Principal District Judge should not

have granted temporary injunction, defeating the rights of appellant

2 of 3

18-AO-2-21.odt

- original defendant No.2, who is owner of the suit property,

without prima facie explaining as to how well discussed findings of

the trial Court pertaining to enforceability of agreement to sale, are

not correct.

7. In view of the above, issue notice to the respondents,

returnable on 12-07-2021.

(B. U. DEBADWAR, J.)

SVH

3 of 3