GANESH SAKHARAM SARAF Vs. NARAYAN SHRIRAM MULAYE

JUDGEMENT

(1.) This is an appeal in execution of a decree for injunction obtained against the deceased father of appellant No. 1 restraining him from tethering his cattle in the western half of a cattle-shed.

(2.) The plaintiff-respondent obtained a consent decree in suit No. 455 of 1895 against Sakharam, the deceased father of appellant No. 1 and grandfather of appellants Nos. 2 to 4, restraining him from tethering his cattle and storing fodder in the balekhani, i.e., cattle-shed marked red in the plan, Exhibit 43, After the death of Sakharam the respondent gave a darkhast alleging that the appellants tethered cattle and stored fodder in the cattle-shed, and sought execution of the decree obtained against Sakharam.

(3.) The learned Subordinate Judge allowed execution against the appellants as the legal representatives of the judgment-debtor Sakharam according to the decision in Sakarlal V/s. Bai Parvati-bai, s.c. 4 Bom. L.R. 14. On appeal, the learned District Judge, after sending down an issue to the lower Court, held that Sakharam was not sued in his representative capacity as manager of a joint family, and, following the decision in Chunilal Harilal V/s. Bai Mani, s.c. 20 Bom. L.R. 660, dismissed the darkhast on the ground that the injunction passed against Sakharam was not binding against the appellants.