BHIMARYA AND ORS. Vs. SUSHILAABAI AND ORS.

JUDGEMENT

(1.) The appellants have challenged the order granting temporary injunction against them from removing stones in Sy. No. 162/5 measuring 01 acre 38 guntas of Minajagi village during the pendency of the suit.

(2.) The facts reveal that the respondents have instituted a suit in O.S. No. 10/2014 seeking partition and separate possession of their share in the suit properties inclusive of land Sy. No. 162/5 of Minajagi village. It is averred in the plaint that the suit properties are the joint family properties and from the income of the joint family properties land bearing Sy. No. 162/5 was purchased. An application was filed by the respondents under order XXXIX Rule 1 and 2 of CPC for grant of injunction to restrain the appellants herein from removing shahabad stones from the land Sy. No. 162/5 alleging that the appellants herein are removing the stones without permission from the Government and that the suit property is a joint family property. The appellants are misusing the land and thereby causing irreparable loss. In the aforesaid circumstances a request was made by respondents to grant temporary injunction.

(3.) The application was objected by the appellants herein on the ground that the land bearing Sy. No. 162/5 is the property of the 1st appellant and that this was purchased in the year 2006 in the name of his minor son. It is also their contention that there was partition in the year 2000 and after this partition the property was purchased from the income of the 1st appellant. It is their contention that there is no misuse or irreparable loss to any of the parties and therefore, the appellants have sought for rejection of the application.