1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Appeal against Order No.128 of 2009 (Shri Gulabrao s/o Tukaram Sid v. Nilkanth s/o Balaji Patil and others) ---------------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Abhijit A. Sambaray, Advocate for Appellant. Shwi S.W. Sambre, Advocate for Respondent Nos.1 to 9. Coram : K.U. Chandiwal, J. Dated : 21st June, 2010 1. Heard. 2. An injunction is clamped on defendant Nos.1 to 10 from disturbing the peaceful possession of the plaintiff over the suit property of 6 acres of land out of area of 9 hectares and 74 ares, Patwari Halka No.18, situated at Mouza Ranala, Tahsil Kamptee, District Nagpur, by order dated 18-10-2008 passed by the learned 6th Joint Civil Judge, Senior Division, Nagpur, which is questioned by the aggrieved defendant. 3. The defendant/appellant has canvassed that he has purchased 4 acres of land by virtue of sale-deed dated 15-4-2008. 2 As against this, the record illustrates that there is a sale-deed in favour of the plaintiff dated 7-10-1978 executed by deceased Balaji Dadaji Patil to the extent of 6 acres of land, the four boundaries of which are given in para 3 of the plaint, specifying to the east the land of Shri Lunji, to the west the land of Shri Laxman, to the south the land of Shri Ram and to the north the remaining portion of land survey Nos.87 and 97/2. 4. Needless to say that the clamp of injunction by the learned Judge is restricted to the four boundaries of the land, as referred to in the plaint, which is part of the sale-deed dated 7-10-1978 and the said sale-deed is in favour of the plaintiff. 5. With the above clarification, I do not see any illegality on the part of the learned Judge in passing the order of injunction restraining the defendants. 6. The appeal against order lacks merit. It is, therefore, dismissed. No order as to costs. (K.U. Chandiwal), Judge. pdl.