SAYYED SALIM SAYYED YUSUF Vs. HRUSHIIKESH PRALHAD

JUDGEMENT

(1.) By the above Letters Patent Appeals, the appellants who are the original respondents in Writ Petition Nos. 4995 of 2007 and 4996 of 2007 have challenged the order dated 28.2.2008 passed by the learned Single Judge by which order whilst admitting the petitions, the learned Single Judge has granted interim reliefs in terms of prayer Clause (C) of the petitions which reads as follows:

(2.) The subject-matter of dispute is land to the extent of 2-A and 20-G in Survey No. 14/4 and 15/2 bearing gut No. 25 totally admeasuring 7H and 76 R situated at village Mitmita, Tq. and Dist. Aurangabad. The respondent No. 1 claims to have purchased the said land from one Laxmibai Vishwanath Mule sometime in the year 1983. The mutation entries have been effected in favour of the predecessors in title of the respondent No. 1 as well as the respondent No. 1 since the time he has purchased the said land. The appellants above named, claim to have purchased the same land from the husband of Laxmibai namely Vishwanath Dagdu Mule by registered sale deed dated 27.11.1974 which was executed in favour of one Nathji Nikam i.e. father of the appellant No. 2 in L.P.A. No. 48 of 2008. Appellants in Appeal No. 51 of 2008 claim to be the power of attorney holders of the appellant No. 2 i.e. Suresh Nathji Nikam.

(3.) On the ground that the appellants herein are disturbing the possession, the respondent No. 1 filed Regular Civil Suit No. 18 of 2007 for perpetual injunction against the above appellants. The said suit was based on the long standing possession of the respondent No. 1. In the said Suit, an application for temporary injunction numbered as Exhibit 5 was filed by the respondent No. 1. The said application was opposed by the appellants above named, who contended that the lands in respect of which injunction was sought was sold to them by the husband of Laxmibai, i.e. father of the appellant No. 2 in Letters Patent Appeal No. 48 of 2008.