RAMDAS TRIMBAK SANAP Vs. BAJIRAO TRIMBAK SANAP

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Deshmukh, learned counsel for the Petitioners, and Mr. Agrawal, learned counsel for the Respondent.

(2.) By this Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 2nd May 2017 passed by the District Judge-2, Niphad, District Nasik, thereby dismissing the Miscellaneous Civil Appeal No.17 of 2017 preferred by the Petitioners against the order dated 1st March 2017 passed by the 2nd Joint Civil Judge, Junior Division, Niphad, below "Exhibit-5" in Regular Civil Suit No.233 of 2016.

(3.) The Petitioners are the Original Defendants. The Respondent herein has filed a Suit against them for declaration that the suit properties, as mentioned in paragraph No.1(A) to 1(C) and paragraph No.3 of the Regular Civil Suit No.233 of 2016, are received by him in the partition and they are exclusively owned and possessed by him. Along with this relief, the Respondent is also claiming permanent injunction restraining the present Petitioners from causing obstruction to his possession in the suit properties.