LAXMAN ARJUN KAPGATE Vs. BHUWAN

JUDGEMENT

(1.) Rule. Heard finally with the consent of learned counsel for the parties.

(2.) The petitioners who are original plaintiffs are aggrieved by the order passed by the appellate Court to the extent it refused to restrain the defendants from disturbing their possession over the suit property. The suit as filed seeks relief of specific performance of agreement dated 14.06.1986 along with further relief of injunction. In that suit the plaintiffs filed an application seeking to restrain the defendants from disturbing their possession during the pendency of the suit. The said application was opposed by the defendants and the trial Court vide its order dated 05.10.2016 rejected the said application. The appellate Court partly allowed the appeal and restrained the defendants from creating any third party rights in the suit property. It however refused to grant temporary injunction as prayed for.

(3.) This Court while issuing the notice dated 01.11.2016 directed the parties to maintain status quo over the suit property. Shri Nitin Vyavahare, learned counsel for the petitioners submitted that the aforesaid interim order came to be passed in view of the order dated 23.06.2016 passed by Tahsildar recording a finding in the revenue proceedings that the petitioners were in possession. He further submits that the said order passed by the Tahsildar has been maintained by the Sub-Divisional Officer as well as by the Additional Collector. He therefore submits that if the proceedings in the suit are expedited by continuing the aforesaid interim order, the interests of justice would be served.