P N WANKUDRE Vs. C S WANKUDRE

JUDGEMENT

(1.) THE appeal from order impugns the judgment and order passed by the Civil Judge, Sr. Division, Kolhapur dated 2nd May, 2001 dismissing two applications filed by the appellant. The first application sought to restrain the defendants from selling, leasing and creating any third party interest in a plot of land bearing C. T. S. No. 205/1 and 205/2 (hereinafter referred to as the "said plot") at Belgaum which is one of the suit properties. The second application sought an injunction restraining the defendants from demolishing the existing property and developing the said plot. The reliefs claimed in the present interlocutory proceedings are restricted to the said plot.

(2.) THE appellant is the original plaintiff and the respondents are the original defendants in the same order.

(3.) AT the outset it will be convenient to refer to the relationship between the parties. One Shripal was the husband of one Savitribai who expired on 24th April, 1989 and 31st March, 1987 respectively. Defendant No. 1, defendant No. 2 and one Nirmalnath are the sons of Shripal and Savitribai. Nirmalnath expired on 31st January, 1986. The plaintiff is the widow of Nirmalnath. Defendant Nos. 4, 5 and 6 are the sons of Nirmalnath and the plaintiff. Defendant No. 3 is the son of defendant No. 2.