As per case facts, a partnership firm was established, and CIDCO showed willingness to allot land to original owners. An agreement to transfer land was made, followed by an MOU ...
AO.479.2025.doc
Ajay
ININ THETHE HIGHHIGH COURTCOURT OFOF JUDICATUREJUDICATURE ATAT BOMBAYBOMBAY
CIVIL APPELLATE JURISDICTIONCIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 479 OF 2025
Sunil Narayan Patil and Ors. ..Appellants
Versus
Pundalik Balaji Gharat and Ors. ..Respondents
....................
Mr. Drupad Patil a/w Ms.Srushti Chalke, Advocates for Appellants.
Mr. Anil Anturkar, Senior Advocate a/w. Mr. Abhishek Patil and Mr.
Sahil Wagh, Advocates for Respondent Nos.10 and 11.
......…...........
CORAM:MILIND N. JADHAV, J.
DATE :FEBRUARY 03, 2026.
JUDGEMENT:
1. Heard Mr. Patil, learned Advocate for Appellants and Mr.
Anturkar, learned Senior Advocate for Respondent Nos.10 and 11.
2. Appeal from Order is filed by Original Plaintiff assailing
rejection of Exhibit ‘5’ Order dated 13.06.2025 in Special Civil Suit No.
93 of 2024. Parties shall be referred to as Plaintiffs and Defendants for
convenience. Appeal from Order is admitted on 22.07.2025. Suit is
filed for specific performance of Agreements dated 10.02.2010 and
26.02.2013. Impugned order rejects Exhibit ‘5’ Application holding that
Plaintiffs have
prima facie failed to prove that rights were created in
their favour in respect of Suit plot vide Agreement / MOU dated
26.02.2013. Appeal From Order was admitted on 22.07.2025. Trial
Court has granted order of
status quo which is continued by this Court.
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Pleadings are completed in the Appeal from Order. It is heard finally
today.
3. To decide the Appeal from Order, the following relevant
facts are necessary for consideration:-
3.1. On 18.10.2002, partnership firm in the name of Anita
Developers comprising the Plaintiffs as partners was established. On
18.12.2007 CIDCO issued letter in favor of Defendant Nos.1 to 16
(original land owners) showing willingness to allot Plot No.57 situated
at Sector 9, village Ulwe, Panvel, District Raigad under the 12.5% State
Government scheme. On 19.12.2007 CIDCO issued LOI in favor of
Defendant Nos.1 to 16. On 10.02.2010, Defendant Nos.1 to 16
executed agreement in favour of Defendant Nos.17 and 18 to transfer
the said land in their favour conferring upon them further right to
transfer the said land for consideration of Rs.2.25 crores. On
26.02.2013 Defendant Nos.17 and 18 executed a Memorandum Of
Understanding (for short “MOU”) in favour of Plaintiff’s firm
comprising of Plaintiff Nos.1 and 2 as partners and received
consideration of Rs. 1.62 crores. On 04.12.2014 CIDCO issued
corrigendum for correction of the allotted Plot No.57 substituting it
with Plot No.37. Between 2013 to August 2020 Plaintiffs paid a sum of
Rs.3,12,02,667/- intermittently at regular intervals to Defendant Nos.1
to 16. During this period 3 of the original Defendants expired, hence
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monies were paid by Plaintiffs to their legal heirs.
3.2. On 22.11.2022 CIDCO executed lease agreement in favour of
Defendant Nos.1 to 16 (3 of the Defendants being represented by their
legal heirs) being the original land owners entitled to suit Plot No.37
(hereinafter referred to as the “said land”).
3.3. In the backdrop of the aforesaid events, on 13.04.2023,
Defendant Nos.1 - 16 executed a tripartite agreement with CIDCO as
the confirming party in favour of Defendant Nos.19 and 20. Defendant
Nos.19 and 20 are arrayed as Respondent No.10 and 11 in the Appeal
From Order before me. They are the only contesting parties before me
today. Plaintiffs being aggrieved filed Special Civil Suit No.93 of 2024
seeking specific performance of the Agreements / MOU dated
10.02.2010 and 26.02.2013 and sought mandatory injunction in
respect of the said land. Defendant No.2 to 4, 6, 10, 11 and 22
appeared before Trial Court and resisted the Suit by filing Written
Statement. Defendant Nos.19 and 20 filed Application under Order VII
Rule 11 of Civil Procedure Code, 1908 on 24.10.2024 in response to
which Plaintiffs filed Application below Exhibit 97 for Amendment of
Suit Plaint and deletion of the partnership firm. Though Trial Court
rejected the Application below Exhibit 97, this Court in Writ Petition
No. 2374 of 2025 by order dated 03.04.2025 allowed the same and
permitted the proposed amendment.
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4. Defendant Nos.19 and 20 in the meanwhile commenced
construction / development on the said land. Plaintiffs filed
Application below Exhibit ‘5’ seeking temporary injunction against
Defendant Nos.19 and 20 restraining them from carrying out
construction or creating third party interest in the said land. By virtue
of the impugned Order dated 13.06.205, Exhibit ‘5’ Application is
rejected. Hence Appeal from Order is filed to challenge the same.
Impugned order is appended at page No. 54 of the Appeal from Order
proceeding.
5. On behalf of Plaintiffs / Appellants, Mr. Patil would submit
that under the Agreement dated 10.02.2010, Defendant Nos.17 and 18
agreed to pay amount of Rs.2.25 crores to Defendant Nos.1 to 16
towards consideration of the said land which was proposed to be
allotted to Defendant Nos.1 to 16 as per order dated 18.12.2007 and
LOI dated 19.12.2007. He would draw my attention to the relevant
documents appended in the compilation of documents placed on
record by Plaintiffs and contend that Defendant Nos.17 and 18 were
entitled to transfer of the said land to themselves or nominees from
Defendant Nos.1 to 16 thereunder. He would submit that out of the
aforesaid amount of Rs.2.25 crores Plaintiffs paid amount of Rs.1.62
crores to Defendant Nos.1 to 18. He would submit that in 2013 under
the MOU dated 26.02.2013 Plaintiff paid amount of Rs.72 lakhs to
Defendant Nos.1 to 18. He would fairly submit that the MOU dated
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26.02.2013 was executed by Defendant Nos.17 and 18 only and not by
Defendant Nos.1 to 16. He would submit that Plaintiffs have paid a
total sum of Rs.3.12 crores which was over and above the agreed sum
of Rs.2.34 crores as per MOU dated 26.02.2013 to Defendant Nos.1 to
18 in all. In support of this submission he would place on record bank
statements
prima facie proving receipt of various payments by
Defendant Nos.1 to 18 by Plaintiffs to the said Defendants. He has
taken me through the said record running into several pages over a
period of about 7 years between 2013 to 2020.
5.1. He would submit that in the Written Statement filed by
Defendant Nos.1 to 16 a complete
volte face has been done by the said
Defendants denying receipt of any payment from the Plaintiffs. He
would submit that the bank statements referred to and relied upon by
Plaintiffs are not denied and they categorically
prima facie prove
receipt of substantial amounts by Defendant Nos.1 to 18 by cheque
payments over a period of time and hence their denial of receipt of
amounts is a complete falsity on the face of record. He would submit
that Defendant Nos.17 and 18 in their Written Statement have
however accepted Plaintiffs’ case of having received the amounts as
also acknowledged the MOU dated 26.02.2013.
5.2. On the basis of the above submissions he would vehemently
submit that in such circumstances when Plaintiffs have paid over and
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above the agreed consideration to Defendant Nos.1 to 18 under the
twin agreements MOU dated 10.02.2010 and 26.02.2013 in respect of
the said land, transfer of the said land after its allotment in favour of
Defendant Nos.19 and 20 a third party by Defendant Nos.1 to 16 is
illegal, dishonest and Plaintiffs are therefore entitled to specific
performance of the twin agreements and in the interim consequential
injunction from dealing with the said land. He would submit that
despite such strong facts, injunction has been refused by the Trial
Court on the ground that Plaintiffs have failed to make out
prima facie
case and it is held that MOU dated 26.02.2013 executed by Plaintiffs
with Defendant Nos.17 and 18 cannot be treated as a valid document
in the eyes of law as Defendant Nos.17 and 18 were only consenting
parties thereto and it is not executed by Defendant Nos.1 to 16. Trial
Court has however further held that Defendant Nos.19 and 20 have
executed a valid Tripartite Agreement dated 13.04.2023 with
Defendant Nos.1 to 16 and CIDCO. Hence he would submit that the
impugned order deserves to be interfered with in view of the aforesaid
strong facts and circumstances in the interregnum.
6. PER CONTRA Mr Anturkar, learned Senior Advocate,
appearing for Defendant Nos.19 and 20 would at the outset draw my
attention to the agreement dated 10.02.2010 executed between
Defendant Nos.1 to 16 and 17 and 18 to contend that the said
agreement was a conditional agreement which was purely speculative
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in nature . He would submit that such a speculative agreement cannot
be treated as an agreement in the eyes of law as the subject property
(said land) of the agreement was not allotted at the then time and was
not in existence. He would draw my attention to the recitals in the
agreement depicting description of the said land to argue that the
complete description therein also does not correspond to the said land
which is finally allotted to Defendant Nos.1 to 16 which is the subject
matter of the Tripartite Agreement executed by Defendant Nos.19 and
20 with Defendant Nos.1 to 16 and CIDCO. He would draw my
attention to clause 3 of the Agreement dated 10.02.2010 and contend
that the said document does not give any right to Plaintiffs to create
rights in respect of the said land since it was made in anticipation of a
future allotment to Defendant Nos.1 to 16 and that allotment fructified
only after the Letter of Allotment dated 22.11.2022 was issued by
CIDCO. He would submit that right to deal with the allotted land
accrued to Defendant Nos.1 to 16 only thereafter which they exercised
by executing the Tripartite Agreement with Defendant Nos.19 and 20
and CIDCO. He would vehemently argue that MOU dated 26.02.2013
which is the basis of Plaintiffs’ case seeking specific performance has
been executed by Defendant Nos.17 and 18 and not by the original
owners namely Defendant Nos.1 to 16. He would submit that Section
54 of the Transfer of Property Act, 1882 therefore does not entitle
Plaintiffs to seek specific performance of agreements dated 10.02.2010
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and 26.02.2013 in view of the aforesaid facts which are admitted and
it does not create any right in Plaintiffs for seeking specific
performance. He would submit that right to Plaintiff cannot accrue
merely on the basis of Agreement for Sale as it did not create any right
in Plaintiffs in the said land unless allotment or possession of the same
is given to Plaintiffs or it is transferred to Plaintiffs or it was in
existence on the date of the said agreement. He would submit that
none of the above three conditions are satisfied in the present case to
enable Plaintiffs to maintain their Suit for specific performance.
6.1. Next he would submit that prior to allotment of the said
land, original owners could not have transferred the same to third
persons speculatively since its identity was unknown. He would draw
my attention to the MOU dated 26.02.2013 which itself records that
documents for transfer will be made only after allotment is made in
favour of the original owners. He would submit that such speculative
agreement / MOU executed in anticipation of allotment is highly
questionable in law and creates no rights in the parties. He would
vehemently argue that submissions made by Mr. Patil relating to
details of payment made to Defendant Nos.1 to 18 over a period of 7
years by Plaintiffs are not fully stated in the Suit Plaint and
submissions to that effect are made across the bar for the first time on
the basis of bank entries. He would submit that the Suit Plaint is
completely bereft of the details of payment received by Defendant
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Nos.1 to 16. He would submit that all actions of Defendant Nos.19 and
20 whom he represents are
bona fide in nature as they have followed
the due process of law, that their actions are affirmative actions
creating legal right after allotment of the said land on 18.10.2022 and
execution of the Lease Deed dated 18.10.2022 and the Tripartite
Agreement dated 23.04.2023.
6.2. He would submit that in the MOU dated 26.02.2013 the said
land which is the subject matter of the Suit proceeding is not identified
and therefore there is a
prima facie breach of Clause Nos.6 and 8
thereof. He would submit that the impugned judgment rejecting
Exhibit ‘5’ Application has been passed after returning reasoned
findings in Paragraph Nos.17 to 20 by applying the parameters of
prima facie case, balance of convenance and irreparable damage in its
correct perspective. Hence he would submit that no interference is
called for by this court and the Appeal from Order be rejected.
7. None of the other Defendants are represented before Court.
Mr. Patil in his rebuttal / rejoinder would draw my attention to page
No.119 of the compilation of documents placed on record by
Defendant Nos.19 and 20 and argue that if the same is read with
paragraph No.8 in the Suit Plaint, then it is clear that the said land was
already identified and in existence as far back as on 19.12.2007 and
the Suit Plaint clearly clarifies the same. He would submit that instead
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of the original Plot No.57, CIDCO substituted the same and Plot No.37
was finally allotted in lieu thereof. He would therefore argue that the
thrust of the rival submissions that the Agreements / MOU were
speculative should not be accepted by Court and due regard should be
had to the substantial amounts paid by Plaintiffs to Defendant Nos.1 to
18 which cannot be denied by them.
8. After hearing the rival contentions and perusing the record
of the case it is seen that in so far as the original owners are
concerned, out of them Defendant Nos.2 to 4 , 6 and 10 to 12 had filed
their say below Exhibit No.136 denying having any nexus with
Plaintiffs,
inter alia, contending that Plaintiffs were not party to the
Agreement dated 10.02.2010 executed by them with Defendant Nos.17
and 18 and further that the MOU dated 26.02.2013 was not executed
by Plaintiffs, thereby there was no privity of contract at all. The said
Defendants (original land owners) have contented that MOU dated
26.02.2013 is false and bogus and they also deny having given any
right to Defendant Nos.17 and 18 to transfer the said land to third
party. It is seen that 7 owners out of 16 filed their say before the Trial
Court. It is seen that Defendant Nos.17 to 18 filed their reply below
Exhibit 146 admitting execution of agreement dated 10.02.2010 for a
total consideration of Rs.100/- per square meter for 18400 square
meters agreeing to total consideration of Rs.2.25 crores. Interestingly it
is seen that Defendant Nos.17 and 18 had paid only Rs.8 lakhs as
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earnest amount to Defendant Nos.1 to 16 under Agreement dated
10.02.2010. When the said Agreement is perused, it is
prima facie seen
that Defendant Nos.17 and 18 are given the right to transfer the said
land in favour of third party and that third party is none other than
Plaintiffs with whom MOU dated 26.02.2013 is further executed. What
is most intriguing and equally shocking is the fact that as per the
aforesaid two agreements dated 10.02.2010 and 26.02.2013, Plaintiffs
have paid an amount of Rs 3.12 crores to Defendant Nos.1 to 18 and
there is not a whisper about these payments received by Defendant
Nos.1 to 16 over a period of 7 years from 2013 to 2020. There is a
categorical averment made in the Suit Plaint about payment of
amounts to Defendant Nos.1 to 16. The same is
prima facie proven and
shown to Court as received by these very Defendants in through Bank
account of Plaintiffs. Hence denial of receipt by Defendant Nos.1 to 16
cannot be accepted. They have not even appeared before this Court.
Though I must credit Mr. Anturkar for making a fair submission that
Plaintiffs would at the highest be entitled to return / refund of their
amount of Rs.3.12 crores paid by them subject to they succeeding in
the Suit proceeding as per the alternative relief prayed for by Plaintiffs,
however his contention is that no legal right in further anticipation
could have been created in law in favour of Plaintiffs by Defendant
Nos.1 to 16. In so far as the Suit Plaint is concerned, in paragraph
Nos.10 and 11 Plaintiffs have clearly stated the total amount paid to
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Defendant Nos.1 to 18 between 2013 to 2020 intermittently and at
regular interests. The details of these payments are placed before me
by Mr. Patil in a compilation of bank statements which
prima facie
show payments made regularly and intermittently to Defendant Nos.1
to 18 by cheque as per the names of these Defendants appearing
therein. The summary of all these payments to Defendant Nos.1 to 16
in totality amounts to approximately Rs.3.12 crores. This is not denied
by Defendant Nos.1 to 16, however their denial is to the transaction on
the basis that they were not a party to the MOU dated 26.02.2013.
This case of Defendant Nos.1 to 16 cannot be
prima facie accepted
because under the Agreement dated 10.02.2010 Defendant Nos.1 to 16
received an amount of Rs.8 lakhs only as earnest deposit from
Defendant Nos.17 to 18 with the principal condition therein been that
they were permitted to create right in favour of third party. This right
was created by the MOU dated 26.02.2013 pursuant to which the
amounts were received by Defendant Nos.1 to 16. Once the Plaintiffs
have been able to
prima facie show that Defendant Nos.1 to 16, 17 and
18 received the amounts as stated in the Suit Plaint and Defendant
Nos.1 to 16 not having denied receipt of the same whereas Defendant
Nos. 17 and 18 having agreed to receiving the same, Plaintiffs have
made out a
prima facie case in their favour for grant of temporary
injunction. All objections raised by Defendant Nos.19 and 20 on the
ground of the Tripartite Agreement cannot be countenanced in the
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aforesaid facts. This is so because purport of both the agreements
dated 10.02.2010 and 26.02.2013 is the same namely creating right in
respect of the allotted land as per the letter dated 18.12.2007 and the
LOI dated 19.12.2007 both issued by CIDCO well in advance in favour
of Defendant Nos.1 to 16.
9. Mr. Anturkar, learned Senior Advocate has referred to a
recent decision of the Supreme Court in the case of Ramesh Chand
(D)Thru Legal Heirs V/s Suresh Chand and Another delivered on
01.09.2025 and drawn my attention to paragraph Nos. 10 and 28
thereof to contend that mere receipt of consideration cannot be a valid
instrument to confer valid title under Section 54 of the Transfer of
Property Act, 1882 and it can only be done through a Deed of
Conveyance. The said ratio of the decision of the Supreme Court
cannot
ipso facto apply to the facts of the present case and it is clearly
distinguishable. In the case before the Supreme Court, trial was
undertaken fully and no independent witnesses were examined
relating to the issue of receipt of payment / consideration
qua the
Affidavit dated 16.05.1996 in question therein which was held against
the Plaintiffs and subsequently upheld. Such is not the case herein
where we are at present at the Exhibit ‘5’ stage i.e. Application of
prima facie consideration to the case at hand on the basis of material
placed on record. It is
prima facie seen that Defendant Nos.1 to 18
have received substantial amounts from Plaintiffs. What is intriguing
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is that 3 of the original land owners expired in the interregnum and
their legal heirs comprised as Defendant Nos.1 to 16 have also
continued receiving the amounts from Plaintiffs. Once the amounts
under the Agreement dated 10.02.2010 and 26.02.2013 are
prima
facie
seen to have been received as per the bank statements and by
cheques and if there is no valid explanation coming forth for the same
from Defendant Nos.1 to 16 and Defendant Nos.17 and 18 having
accepted the receipt of the amounts, Defendant Nos.19 and 20 cannot
defend the said situation. Hence
prima facie case is clearly made out
by Plaintiffs and therefore the decision of the Supreme Court referred
to by Mr. Anturkar does not accrue to the benefit of Defendant Nos.19
and 20.
10. In fact I am of the opinion that what is argued by Defendant
Nos.19 and 20 before me to resist Plaintiffs’ Appeal from Order ought
to have been argued by Defendant Nos.1 to 16. Defendant Nos.1 to 18
have not even presented themselves before me, only 7 out of 16
original land owners filed their say opposing the Exhibit ‘5’ Application
before the Trial Court, they are absent before me despite having been
served, Defendant Nos.17 and 18 filed their ‘say’ in the Trial Court and
supported Plaintiffs’ case in the Trial Court. In this situation the only
argument that could be available for Defendant Nos.19 and 20 is that
they are a
bonafide purchasers for value and nothing more. Defendant
Nos.19 and 20 entered into the Tripartite Agreement confirmed by
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CIDCO and executed by Defendant Nos.1 to 16. Allotment by CIDCO of
the said land under the government benefit derived by Defendant
Nos.1 to 16 is by virtue of a lease deed. It is seen that after a period of
5 and half months Defendant Nos.19 and 20 entered into the Tripartite
Agreement on 13.04.2023 after the lease was executed with CIDCO
but there is not a word of due diligence carried out by Defendant
Nos.19 and 20 in respect of entering into the Tripartite Agreement for
the said land. Had that been done, Defendant Nos.17 and 18 and
Plaintiffs would have voiced their objections. The reasoning concluded
by the learned Trial Court in paragraph Nos.17 to 20 does not deal
with any of the aforesaid factual aspects / situations, it rather solely
concentrates on the MOU dated 26.02.2013 and on the singular
ground that is does not bear signature of Defendant Nos.1 to 16 and
rejects the agreement in the eyes of law.
11. Approach of the learned Trial Court is rather parochial in the
facts of the present case. There is a categorical statement in the Suit
Plaint about the humongous amounts received by Defendant Nos.17
and 18 to which there is no consideration applied by Trial Court
whatsoever. In that view of the matter and the above observations and
findings which clearly emanate from the record the impugned order
passed below Exhibit ‘5’ is unsustainable in the eyes of law and
deserves to be quashed and set aside on the parameters of
prima facie
case made out by Plaintiffs, balance of convenience entirely in favour
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of Plaintiffs and irreparable loss that will be caused to Plaintiffs despite
Plaintiffs having paid Rs.3.12 crores and there being no denial by
Defendant Nos.1 to 16 and acceptance by Defendant Nos.17 and 18
and most importantly the conduct of Defendant Nos.1 to 16.
12. The findings returned by the learned Trial Court while
determining Application under Exhibit ‘5’ in the facts and
circumstances of the present case are clearly not sustainable on all
parameters. Plaintiffs have
prima facie averred that Defendants Nos.1
to 16 and Defendant Nos.17 and 18 have received a sum of Rs.3.12
crores pursuant to twin Agreements dated 10.02.2010 and 26.02.2013.
In fact Defendant Nos.1 to 16 have received an amount of
Rs.8,00,000/- only from Defendant Nos.17 and 18 and by virtue of
twin Agreements, Defendant Nos.1 to 16 permitted Defendant Nos.17
and 18 to create third party right in the said land which was to be
allotted to them by CIDCO. It needs to be noted that allotment of the
said land was already done by CIDCO but physical allotment of the
said land could only be materialised in the year 2022 and not prior
thereto. This position cannot be held against Plaintiffs and in favour of
Defendant Nos.19 and 20. Therefore on
prima facie consideration of
the facts and circumstances of the present case,
prima facie case is
clearly made out by Plaintiffs for grant of injunction in the Suit
proceeding. The balance of inconvenience is also in favour of Plaintiffs
primarily because Plaintiffs have paid substantial humongous amounts
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as stated in the Suit plaint to Defendant Nos.1 to 18 which is not
refuted by said Defendants. In fact Defendant Nos.17 and 18 have
accepted the case of Plaintiffs. That apart, some of the original
Defendants / owners have not contested the claim made by Plaintiffs.
No right can be derived to Defendant Nos.19 and 20 by virtue of their
registered Tripartite Agreement in the year 2023 as
bonafide
purchasers for value on prima facie considerations. Defendant Nos.19
and 20 miserably failed to carry out due diligence and had Defendant
Nos.19 and 20 carried out due diligence they would not have entered
into the Tripartite Agreement.
13. Be that as it may, merely on the basis of Tripartite
Agreement, Defendant Nos.19 and 20 cannot resist the case of
Plaintiffs. Trial Court has utterly failed to consider this position in law
as well as in equity. Therefore the finding returned by learned Trial
Court on balance of convenience is fallacious and erroneous on the
face of record and cannot be countenanced. In so far irreparable loss is
concerned, once again Plaintiffs have waited for an extraordinary long
period of time. It is no fault of Plaintiffs or for that matter of
Defendants that allotment rather physical allotment of the said land
(Plot No.37) was actually and infact done in October 2022. Needless
to state that allotment of said land to Defendant Nos.1 to 16 (original
land owners) was already conceived by the Planning Authority namely
CIDCO as far back as in the year 2007 itself and only on the basis such
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allotment which was conceived at that time, Defendant Nos.1 to 16
and Defendant Nos.17 to 18 on one hand and Plaintiffs on the other
hand executed the twin Agreements dated 10.02.2010 and
26.02.2013. Those Agreements are the subject matter of specific
performance of the Suit proceeding. In that view of the matter, case of
Defendant Nos.19 and 20 cannot be accepted at the
prima facie stage
as grave and irreparable harm and loss will be caused to Plaintiffs, if it
is so done.
14. That apart, conduct of Defendant Nos.1 to 16 is highly
questionable after having received substantial amounts from the
Plaintiffs in their respective bank accounts which has been
prima facie
shown to the Court. The conduct of Defendant Nos.19 and 20 who are
resisting the present Appeal from Order is also highly questionable.
They have failed to carry out proper due diligence. Thus on the aspect
of conduct of Defendant Nos.1 to 16 and Defendant Nos.19 and 20 the
Defendants cannot resist the claim of Plaintiffs at the
prima facie stage.
Therefore on all four parameters for grant of injunction Plaintiffs have
made out a clear case for interim relief.
15. Impugned order dated 13.06.2025 passed below Exhibit ‘5’
by Trial Court is quashed and set aside. Application below Exhibit ‘5’
filed by Plaintiffs is allowed. The
status quo order continued by this
Court while admitting the Appeal From Order is directed to be
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continued until disposal of the Suit proceeding. Defendant Nos.19 and
20 are restrained from dealing with the said land in any manner until
the Suit is determined in accordance with law.
16. Appeal from Order is allowed and disposed in the above
terms.
[ MILIND N. JADHAV, J. ]
Ajay
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AJAY
TRAMBAK
UGALMUGALE
Digitally signed
by AJAY
TRAMBAK
UGALMUGALE
Date: 2026.02.03
12:35:02 +0530
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