DAMODAR MAHADEO PATIL Vs. MOTIRAM MAHADEO PATIL

JUDGEMENT

(1.) HEARD the Advocates for the parties. Perused the record.

(2.) THE petitioner herein had filed regular Civil Suit No. 34 of 1991 against the respondent No. 1 and some others for partition and separate possession of ? share contending that the agricultural property held by the brothers was a joint family property. The said suit was decreed by the trial Court while rejecting the monetary claim made by the petitioner against the defendants in the suit. The preliminary decree was passed on 17-1-1995. The Civil Appeal No. 36 of 1995 came to be filed by the respondent No. 1 herein against the said decree which was allowed by the lower Appellate Court by its judgment and decree dated 12-2-1998 and thereby the suit filed by the petitioner came to be dismissed.

(3.) THE petitioner thereupon filed the Second Appeal No. 169 of 1998 and pending the hearing and final disposal of the said second appeal preferred Civil Application No. 3202 of 1998 for direction to the parties not to incumber the properties and/or to continue with the construction, if any, as also to restrain the respondent No. 3 to the said appeal from creating third party interest over the land bearing Survey No. 24/2 situated in the village Tarankhop, Taluka Pen, District Raigad, and further for stay of the operation of the judgment of the lower Appellate Court. On the said application, an ad interim relief in terms of prayer Clause (b) which related to the relief of restriction on creation of third party interest in or over the land bearing Survey No. 25/2 by the respondent No. 3 to the said appeal was granted by order dated 4-5-1998, however, after issuance of notice and upon hearing the Advocates for the parties including the Advocate for the respondent No. 1 herein, it was ordered on 23-7-1998 that, "status quo as of today in the matter of possession to continue till the hearing and final disposal of the appeal subject to the condition that the parties will not create third party right or alienate or encumber the property" and with the said direction, the civil application was disposed of.