PRALHAD BALKRISHNA BALGHARE AND ANR vs SURYAKANT BALKRISHNA BALGHARE

Judgment text excerpt

wp 1501 of 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1501 OF 2024 1, Pralhad Balkrishna Balghare, Age 72 years, Occu – Agriculturist 2. Vidya Pralhad Balghare, Age 57 years, Occu. Housewife Both residing at : Survey No.203/2B, Rajiv Nagar (South), Viman Nagar, Pune 411 014. … Petitioners versus Suryakant Balkrishna Balghare, Adult, Occu – Agriculturist, R/at 203/2B, Rajiv Nagar (South), Viman Nagar, Pune – 411 014. Also address at Flat No.801, 803 A Wing, 8th Floor, Optimus CHS, Opp. Lunkad, Queensland, Mahada Road, Viman Nagar, Pune – 400 014. Through the Power of Attorney Holder ARUN RAMCHANDRA Sagar Shivaji Khandve, SANKPAL Adult, Occu – Agriculturist, Digitally signed by ARUN R/at : Survey No.102, Daulat Bungalow, RAMCHANDRA SANKPAL Date: 2025.04.16 Near Datta Mandir, Lohagaon, 20:17:28 +0530 Pune – 411 017. … Respondent Mr. A.V.Anturkar, Sr. Advocate with Mr. Drupad Patil with Mr. Yatin Malvankar, for Petitioners. Mr. Anurag Mishra i/by Mr. Avinav R., for Respondent. CORAM: N.J.JAMADAR, J. CLOSED FOR ORDERS ON : 23 JANUARY 2025 PRONOUNCED ON : 16 APRIL 2025 SSP 1/20 wp 1501 of 2024.doc JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally. 2. The Petitioners – Defendants take exception to a judgment and order dated 27 October 2023 passed by the learned District Judge, Pune in Misc. Civil Appeal No.221 of 2022, whereby the appeal preferred by the Petitioners came to be dismissed affirming the order dated 11 April 2022 passed by the learned Civil Judge, Sr. Division, Pune in RCS No.2034 of 2019, thereby restraining the Petitioner – Defendant No.2 from selling, transferring, assigning or alienating the suit property on the basis of Gift Deed dated 25 April 2013 and 17 J