RAGHUNATH FULAJI JADHAV Vs. RAJENDRA DINKARRAO PATIL

JUDGEMENT

(1.) Challenge in this second appeal under section 100 of the Code of Civil Procedure (for short, "C.P.C.") is to the judgment rendered by the learned Vth Addl. District Judge, Solapur in Civil Appeal No.130 of 1988 reversing the Judgment and order passed by the trial Court by which the suit was dismissed.

(2.) Brief facts, encompassing the details, which lead to the filing of this appeal, are as follows:

(3.) The reference will have to be made to the suit filed by the heirs of Bhimrao, that is, defendant nos.1 to 5 bearing suit no.160 of 1980. This suit was filed for injunction simplicitor. The trial Court had granted temporary injunction in favour of the heirs of Bhimrao. The plaintiff claim that by virtue of the temporary injunction granted in the said suit the heirs of Bhimrao, namely, Nishikant and Bhalchandra dispossessed the plaintiff. Subsequently, the injunction was vacated. The suit was not prosecuted further. However, the possession was not restored. Thereafter on 4.4.1981 the plaintiff, instituted the present suit. After filing of the suit on 4.4.1981, defendant nos.1 to 3 executed the sale deed in favour of defendant nos.6 and 7 and, therefore, they were added as party defendants in the suit. They were put in possession of the suit property by the defendant nos.1 to 5. The plaintiff, therefore, prayed for possession of the suit property. Defendant nos.6 and 7 claim that they purchased the suit property from defendant nos.1 to 3 for Rs.16,000/- and that they are bonafide purchasers for value without notice.