HIGH COURT OF CHHATTLSGARH AT BILASPUR MA. No.396 of 2004 Appeuants Safendantg BM} Ram Rajwade S/o Late Ham shankar Aged about 41 years; Bhimeshwar Rajwade Sic Late Hom shankar Aged about 37 years; Deepak Rajwade Sin Late Hom Shankar Aged‘ about 35 years; Nutan aHas Pappu Rajwade Slo Late Ham Shankar Aged about 31 years; AH resident of viHage Kanki Teh$il Kamala, Distt.K0rba (CG). Smt.Suhawani Bai W/o Ramthan Raiwade Aged about 48 yeafs Rio Village/Birda Tami! Katghora, DisttKorba. SmtKevra Bai Rajwade W/o Rajmdva Prasad Rajwade Aged about 44 years; Rio 113/1 Maitri Vihar Radhika Nagar, Bhilai' District- Du:g(CG)‘ $mt,Shail Kumari Patanwar W/o Ghunnuram Patanwar, Aged about 40 years; Rio Quarter NOB—2, hidira Vihar Carony, Sarkanda- Bilaspur VDistrict—Bilaspur (CG). Smt.0miata Kashyap W/o Kama! Narayan Kashyap, Aged abaut 33 years, Rio Clo B.L.Verma, Lakshmi Nagar Chowk, Ring Road, behind Gckien Marbie Prince Cekmy, Street No.3, Raipur, DisttRaipur (CG). SmtDarash alias Dipti Bai Wlo Takhat Ram Rajwade, Aged about 35 years, Rio C.S.E.B. Colony, Qtr.No.SC-33, Indira Chowk, Korba, DisttKorba (CG). Versus Smt.Goclawari Bai Rajwade W10 Madan Mohan Rajwade, Aged about ,60 ”yeara. Rie Durpa Road, Korba, District-Korba CG). Smt.Agarrnati Rajwade W/o Hemshankar Rajwade Aged about 70 years, Rio Vrllage Kanki, Tah:Kartala District Korba (CG). SmtMongra Rajwacle Wlo Shatriighan Lat Aged about 43 years Rio Viiiage karma, PO:Pantora Tah.Janjgir, Distt.Janjgir-Champa. SmtPadma Patanwar W10 Jiva'nlal Patanwar Aged about 41 years, R/o Jabda Para, Gaii No.7, New Sarkanda-Biiaspur District Biiaapur (CG). Respondents k§ ( ._Z~_ 5. Smt.Shyamlam Raiwade Wlo Ramchandra Rajwade, Aged abcut 39 years, Ric ‘Devangan Muhalla’, Korba Tahsii & DistLKorba (CG). 6. Kripasindhu Rajwade Sl9 Jivanlal Rajwade, Aged about 38 years, R/o Kanki, Tahsi§ Kartala, District-Kama (CG) 7. Raghunandan Rajwade Slo Jivanlal Rajwade, Aged abaut 37 yeais, Rio Kanki, Tahsi! Kartala Disirict-Korba (CG) 8g Smt‘Pu$hpalata Patanwar Wlo Ashok Patanwar, Aged about 35 year5, Rio Vinag Bitkula, Tahsil & DisttBilaspur (CG) 9. Rishi Kapoor Rajwade slo Jivanlal Rajwade, Aged about 33 yea:s, R/e Viliage Kanki, TahzKartala ‘ 10‘ Rajukumar Raiwade S/o Jivanlal Rajwade, Aged about 31 years. Rlc ‘Jiliage Kanks, TahsiizKartaia, DisttKorba 11. Shiv Kumar Rajwade S/o Jivan'a! Rajwade, Aged about 29 years, R/o Vinage Kank§, TahzKartaia District-Korba (CG) 12. Smt.Premla.ta Kaushik Wlo Goku! Prasad Kaushik, Aged about 27 years, Rio G19 Kitab Singh, Deepka Basti, Tahsil:Katghora District- Korba (CG) 13, Preeti Rajwade Slo Jivanial Rajwade, Aged about 22 years, Rio Village Kanki. TahzKartah District-Karina (CG). Rohit Kumar Rajwade Slo Vyasnarayan Aged about 38 years, Rio Village Katharlmal. ’ Tahsil:Kartala, DistLKorba 15. The Collector, Korba, District-Korba (CG) (APPEAL UNDER ORDER 39 RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE) (s3: Hon'ble Mr. T.P. snarméfJl) Mr.Ashish Surana, counsel for the appellants. Mr.Sanjay K.Agrawal with Mr.Sourabh $harma, counsel for respondent MLSameer Behan Panel lawyer for respondent No.1 SlState. No.1. e ‘gh GRAL ORDER (Passed oa 24‘“ June, 2099) This appeal is directed against the order dated 24,1 12.2003 pa$sed by the First Additional District Judge, Korba in Civil Suit No.20-N2003 whereby thé learned First Additional District Judge has granted injunction against transfer, alienate and in any change in property which are admitted in possession of the appellants and also dismissed the application for interim maintenance. 2‘ Learned counsel for the appellants submits that the appellants are in possession of the property in dispute, therefore, restraining them from any change would cause hardship to them. 3. On the other handi order impugned is supported on behalf of respondent No,1 and submits that if nature of property is changed, then it would be difficult for the respondents to recover the same in the original form, 4. Taking into consideration the fact that the present appellants are in possession of the property in dispute, the appeal is party allowed. The appeal is partly modified. lt is directed that the appellants are not transferred, alienated or created third party interest over the property till disposal of the suit and may make any change after intimation in writing to the Court concerned, No order as to cost. rm Sdl— T.P. Sharma .‘ Judge \i Engu