TUKARAM Vs. MAHADEV

JUDGEMENT

(1.) THIS is an appeal filed by the defendants of an original suit bearing O.S. No. 169/1995, which was pending on the file of the Court of Principal Civil Judge (Jr.Dn.), Raibag. Plaintiffs had filed the suit for the relief of declaration that they are the owners to an extent of 1/2 share in the suit schedule property and relief of permanent injunction. The said suit had been resisted by the defendants on various grounds. Ultimately suit came to be decreed declaring the plaintiffs as the owners to an extent of 1/2 share, in respect of the land in survey No. 36/3 and 36/6 and injunction was also granted against the defendants from interfering with the peaceful possession and enjoyment of the share of the plaintiffs vide a considered judgment dated 24.01.2001. Against the said judgment and decree, a regular appeal under Section 96 of CPC was filed in R.A. No. 173/2008 by raising many contention. Ultimately, the appeal filed by the defendants has been allowed in part by order dated 05.02.2009 declaring that the plaintiffs are entitled for 1/2 share in respect land in survey No. 36/3 measuring 1.30 acres and 1/4 share in respect of land bearing survey No. 36/6 measuring 2.19 acres. The relief of injunction has been granted till the parties initiate final decree proceedings. These concurrent fin dings are called in question by the defendants.

(2.) ON hearing the learned Counsel for the appellants, following substantial question of law is framed for consideration in this appeal:

(3.) THERE is no serious dispute about the quantum of rights declared by the First Appellate Court insofar as the appellants and respondents are concerned. Anyhow, the plaintiffs are entitled for 1/2 share in respect of the land in survey No. 36/3 and 1/4 share in respect of land in survey No. 36/6. The relief of partition granted by the First Appellate Court is also not seriously disputed. What is disputed is about the injunction granted against the defendants from interfering with the possession of the plaintiffs till the dispute is finalized by initiating final decree proceedings.