SHIVPALSINGH Vs. GANESH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally, with consent of both the parties.

(2.) Present petition has been filed invoking the constitutional powers of this Court under Article 227 of the Constitution of India to challenge the judgment and order dtd. 3/5/2018 passed by learned District Judge-4, Nanded in Miscellaneous Civil Appeal No.93 of 2016 whereby the appeal was allowed, which was filed by the present respondent and the order passed below Exhibit-57 for temporary injunction on 14/11/2016 by learned 2nd Joint Civil Judge Senior Division, Nanded in Special Civil Suit No.17 of 2016 was quashed and set aside.

(3.) Before turning to the disputed facts, certain admitted facts are considered. House property bearing NWCMC No.4/5/133 (old), CTS No.16477, admeasuring 337.20 sq. mtrs. situated at Gadipura, Tq. and Dist. Nanded as well as agricultural land bearing Gut No.1105 admeasuring 2 Hectare 77 R situated at Kalambar (Bk.), Tq. Loha, Dist. Nanded was the property owned by one Arjunsingh Ramsingh Bisen. Present plaintiffs are the grandsons of Arjunsingh (sons of the predeceased daughter of Arjun Singh). The genealogy has been given in plaint which shows that defendant Nos.1 to 3, 7, 8 and 9 are the real brothers and sisters and they are the sons and daughters of Arjunsingh. Defendant Nos.4 to 6 are the legal heirs of deceased Rekha and apart from the present plaintiffs, defendant Nos.10 and 11 are the legal heirs of deceased Usha. Arjunsingh's wife predeceased him. It also appears that Usha had expired in the year 2001. Arjunsingh expired on 9/4/2008.