NARAYAN JAYRAM JADHAV Vs. NARAYAN RAMCHANDRA SHASTRI

JUDGEMENT

(1.) THIS is a petition filed under Article 227 of the constitution of India, against an interlocutory order, which was admitted rule was granted and order of status quo was passed on 18th June, 1982' even record and proceedings were called for.

(2.) FEW facts which are relevant for the purpose of this petition are the petitioners/plaintiffs filed Regular Civil Suit No. 44 of 1981 for injunction and during the pendency of the said suit an application was filed for interim injunction at Exhibit 5. The said application was heard by Civil judge, Junior Division, Daund, who by his order, dated 19th February 1972 dismissed the same with costs and vacated the ad interim injunction granted against the original Defendant-2.

(3.) BEING aggrieved and dissatisfied by the aforesaid order the petitioners filed Misc. Civil Appeal No. 83 of 1982. This appeal came up for final hearing before the III Extra Assistant Judge, Pune and the appeal was partly allowed by judgment and order, dated 30th April, 1982. The temporary injunction application Exhibit-5 preferred by original Plaintiff Nos 1, 2 and 4 was partly allowed and the defendants are restrained by an order and injunction from obstructing Plaintiff' Nos. 1, 2 and 4 of their possession and cultivation of the suit property being block No. 18/1-A, till the decision of the suit. The prayer for temporary injunction of Block no. 18/1-A was rejected.