STATE BANK OF INDIA Vs. SAGAR

JUDGEMENT

(1.) Both these matters are admitted and since the same arise out of the proceedings of Special Civil Suit No.52 of 2010, they are heard together finally though both the matters challenge different orders.

(2.) Civil Revision Application No.33 of 2010 challenges the order dated 23-2-2010 passed by the learned 2nd Joint Civil Judge, Senior Division, Amravati, rejecting the application Exhibit 17 filed under taking possession of the suit property or any portion thereof and from selling the same in any manner, in the process under Section 13 of the said Act, during the pendency of the suit was also filed. The parties shall hereinafter referred to as per their original status in civil suit.

(3.) The claim of the plaintiffs in the suit is that the suit property is the ancestral Joint Hindu Family property and they are the coparceners of it, having 1/4th undivided share each in the said property. It is claimed in the plaint that the suit property has been purchased by the defendant Nos.1 and 2 from out of the income from the ancestral property, including the income from the agricultural fields and other immovable properties.