SUVARNA RATNAKAR TARAS Vs. MANGALPRABHAT LODHA

JUDGEMENT

(1.) The petition questions the order dtd. 23/2/2023 passed in Misc. Civil Appeal No. 9 of 2023 allowing the appeal partly and setting aside the order dtd. 5/12/2022 passed below Exh.5 to the extent of Gut No. 254 and as regards Gut No. 269 to the extent of 6800 sqr. mtrs. which was in possession of the appellant possession of the appellant who were the original defendant Nos. 18 and 19.

(2.) The Petitioner herein is the original plaintiff and the Respondent Nos. 1 and 2 are the original defendant Nos. 18 and 19, who had preferred the Misc. Civil Appeal No. 9 of 2023, in which the impugned order has been passed. For the sake of convenience the parties are referred to their status before the trial Court.

(3.) Regular Civil Suit No. 237 of 2019 was instituted by the plaintiff-Suvarna for partition and separate possession of her share in the four suit properties and for declaration that the sale deeds dtd. 24/12/2007, 26/3/2008, Agreement for Sale dtd. 17/8/2010 and Agreement for sale dtd. 23/2/2012 and sale deed dtd. 22/2/2018 executed by some of the Defendants in favour of other Defendants are not binding upon her share, and, for cancellation of mutation entries. In the interim injunction application filed below Exh.5, the trial Court partly allowed the application and directed the Defendant Nos. 1 to 19 to maintain status quo in respect of four properties i.e. agricultural land bearing Nos. 57, 254, 269 and 247. Aggrieved by the order of the status quo, the defendant Nos. 18 and 19 preferred Misc. Civil Appeal No. 9 of 2023 and by the impugned judgment and order dtd. 23/2/2023, the appeal came to be partly allowed and the order of status quo was set aside to the extent of Gut No. 254 and as regards Gut No. 269 to the extent of area of 6800 sqr.mtrs, giving rise to the present petition.