RAMCHANDRA SHANKAR RANDIVE Vs. UTTAM MARUTRAO RANDIVE

JUDGEMENT

(1.) HEARD learned Advocate for the petitioners. Rule. By consent, the rule is made returnable forthwith.

(2.) THE petitioners challenge the order passed by the lower appellate court on 29. 7. 2002 in Misc. Civil Appeal No. 15/2002 whereby the lower appellate court has dismissed the appeal while directing the court below to dispose of the main suit as early as possible. The said appeal was filed by the petitioners against the order of the trial court dated 11. 3. 2002 whereby the petitioners were restrained from transferring the suit land or any portion thereof to any third person or to create any third party right on the suit land till disposal of the suit.

(3.) UPON hearing the learned Advocates and on perusal of the record the only point which arises for consideration in the matter is whether during the pendency and disposal of the suit, the courts below could have restrained the petitioners from alienating the suit land in view of materials placed on record disclosing disposal of property to the extent of l/3rd share by the father of the plaintiffs during his life time, while there being no dispute between the parties that the share of the father of the plaintiffs in the joint family property was to the extent of l/3rd ?