1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 25. APPEAL FROM ORDER No. 112/2009 (SITARAM ANANDA KALE AND Another V/S DILIP JALINDAR KALE ) With CA/9435/2009 In AO/112/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sandeep S.Deshmukh, Adv., for the appellant. Mr. P.B.Shirsath, Adv., for respondent. ... CORAM: K.U.CHANDIWAL, J. DATE:12/1/2010 P.C.:- 1. Heard. The grant of injunction against the appellant herein by order dt.11.8.2009 by the learned Civil Judge, Senior Division, Shrigonda, dist. Ahmednagar, is assailed by the defendant. 2. The learned Judge in paragraph no.5 of the order states that it was incumbent upon the defendant to examine the attesting 2 independent witness to examine the nature of document. Then, in paragraph no.6, the learned Judge has observed that there was no endorsement of remittance of cash of Rs.2,00,000/- by the learned Sub Registrar. The learned Judge prima facie erred in making these two observations. That apart, one should not be oblivious, in terms of the statutory requirement, there was an application moved by the plaintiff before the competent authorities, seeking permission to sell the property. The sale deed was presented by the plaintiff, where the indenture also displayed his photograph. 3. In this scenario of the matter, the defendant is in possession of the property, though the injunction appears to be innocuous, however, since it infringes the very rights accrued to the defendant, being a purchaser of the property, the aggrieved defendant is justified in knocking for setting aside the 3 same. The observation of the learned Judge, prima facie, are incorrect. The clamp of injunction was unwarranted. Accordingly, injunction is vacated. The order is set aside. 4. However, since the learned Judge desired to dispose of the matter within a period of six months, which he could not do, due to the proceedings, both the parties will ensure to complete the trial by the end of July, 2010. Appeal from Order allowed in above terms. No costs. Civil Application disposed of. (K.U.CHANDIWAL) JUDGE ... agp/112-09ao