DATU VITHOBA YADAV Vs. DNYANESHWAR SAMBHA YADAV

JUDGEMENT

(1.) RULE. With the consent of the parties made returnable forthwith and heard.

(2.) THE above Petition takes exception to the Order dated 24-8-2011 passed by the Learned District Judge2, Pandharpur, by which Order, the Civil Misc Appeal No.33 of 2010 Exhibit 24 filed by the Respondents herein came to be allowed and resultantly, the Order passed by the Trial Court granting temporary injunction to the Plaintiffs came to be set aside.

(3.) THE Plaintiffs in the said suit filed by them moved an Application for temporary injunction. It was the case of the Plaintiffs that the land owned by the Respondents namely survey No.122/2 which was on the eastern side was completely acquired for the resettlement of the project affected persons in the year 1972 and the owner of the said land Hari Yadav was compensated and the said land after acquisition was allotted to one Ramchandra Chavan in the year 1976. One Hari Yadav who is the son of the original Plaintiff and the brother of Narayan Yadav and Namdev Yadav has purchased the remaining land from the said Ramchandra Chavan. However, the cause for filing the said suit was the apprehension of the Plaintiffs that the Defendants to the said suit i.e. the Respondents herein would interfere with their possession. THE said application for temporary injunction was tried by the Trial Court and by the order dated 8-3-2010, granted the injunction and restrained the Defendants from interfering with the possession of the Plaintiffs in respect of Gat No.669 to the extent of 1 H and 12 R. THE Trial Court relied upon the report submitted by the TILR as also took into consideration the fact that the land on the Eastern side was acquired by the authorities for the project affected persons.