SHRIHARI MADHAV WAGH Vs. PANDURANG GOPAL WAGH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally.

(2.) This Petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dtd. 13/4/2022 passed by the learned District Judge, Satara in Misc. Civil Appeal No.7 of 2022, whereby the appeal preferred by Respondent Nos.1 to 3 ' Plaintiff Nos.1 to 3, came to be allowed by setting aside the order dtd. 23/12/2021 passed by the learned Civil Judge, Phaltan on an application for temporary injunction (Exh. 23) in RCS No.16 of 2021, and thereby restraining the Defendants from causing obstruction to the possession and cultivation of the Plaintiffs of the land admeasuring 3 acres out of the suit lands described in paragraph No.1 of the plaint, till the final disposal of the suit.

(3.) Respondent Nos.1 to 3 and the successors in interest of their siblings instituted a suit for partition and separate possession of their 26/96th undivided interest in the suit lands with the assertion that Tukaram Rawaji Wagh was the common ancestor. He had two sons; Gopal, who passed away on 23/7/1965, and Balu, who passed away on 16/10/1962. Sarubai, mother of Madhav and Radhabai, was the first wife of Gopal. Defendants Nos.1 and 2 are the son and daughter, respectively, of Madhav. Defendants Nos.3 to 11 are the successors in interest of Radhabai.