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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CIVIL APPLICATION NO.4220 OF 2008 IN

SECOND APPEAL NO.200 OF 2006

Kesharbai wd/o Rangnath Ghodke .. Applicant

Versus

Parabai w/o Ambadas Ghodke

died through LRs.

Shrimant s/o Maruti Ghodke ..Respondent

.....

Mr.S.Y.Mahajan, Advocate for applicant

Mr.S.T.Ghute Adovcate for respondent

.....

CORAM : V.R. KINGAONKAR, J.

DATE : 24th June 2008

P.C.:

1. Heard.

2. The application is for interim injunction. The

applicant is original respondent, against whom

partition decree was granted in suit filed by deceased

Parabai. The respondent-Shrimant claims to be legatee

of said Parabai.

3. The respondent (legatee) has not filed any reply

to the application.

4. Heard learned Advocates for the parties.

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5. The entries in the 7/12 record (Exh."A"

collectively) would show that name of only applicant -

Kesharbai is recorded as possessor of the suit

property. It appears that she filed a complaint at

Police Station alleging that the sons of the legatee -

Shrimant Ghodke obstructed in her cultivation of the

suit lands bearing Gut No.138 and Gut No.147.

6. It is argued by learned Advocate for the

appellants that there was no injunction claimed during

the pendency of suit or in the first appellate Court

and, therefore, now the request may be turned down. I

do not agree. The relief of interim injunction would

be available as and when there is obstruction and the

right to possess the property is endangered due to the

acts of other side. In the present case, when deceased

Parabai claimed partition on strength of allegation

that properties were with respondent-Kesharbai, there

is no reason to infer that Kesharbai is not in lawful

possession. Once it is found that the applicant is in

lawful possession of the suit properties, she is

entitled to protect the possession during pendency of

the second appeal. In this view of the matter, the

application is allowed. The appellant and his sons as

named in the applicant are restrained from disturbing

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the lawful possession of the applicant (Kesharbai)

untill disposal of the second appeal.

7. The Second Appeal is expedited for final

hearing, if paperbook is filed within period of eight

(8) weeks by the appellants. Civil Application

disposed of.

( V.R.KINGAONKAR )
JUDGE

(vvr/ca4220.08)

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