1 AO NO.54/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.54 OF 2011 (WITH CA NO.4378/2011) 1. Jayshree w/o Raosaheb Jatal, Age: 30 years, Occ: H.H. & Agril., R/o Kinhola, Tq. & Dist. Parbhani. 2. Raosaheb s/o Madhukarrao Jatal, Age: 32 years, Occ: Agril., R/o Kinhola, Tq. & Dist. Parbhani. 3. Prasad s/o Manchakrao Ambhure, Age: 21 years, Occu. Agril. r/o Warna, Tq. Jintur, District Parbhani. 4. Sandeep s/o Manchakrao Ambhure, ge: 19 years, Occu: Education, R/o. Warna, Tq. Jintur, District Parbhani. ...APPELLANTS (Org.Defendants No.4 to 7) VERSUS 1. Mathurabai w/o Nivrutti Kharawade, Age: 75 years, Occ: Agril. and household, R/o Kinhola, Tq. & Dist. Parbhani. 2. Mandodari w/o Sanjay Surwase, Age: 55 years, Occu: Agril & Household, R/o. Kolha, Tq.Manwat, Dist. Parbhani. 3. Taramati w/o Sitaram Taynak, Age: 51 years, Occu: Agril. & Household, r/o Mohpur, Tq. and Dist. Parbhani. ...(ORIG.PLAINTIFFS) 2 AO NO.54/2011 4. Pushpa w/o Nivruti Kharawade, Age:60 years, Occu: Agril. & Household, R/o.Kinhola, Tq. & Dist. Parbhani. 5. Kaveri w/o Tukaram Giram, Age: 37 years, Occu: Household, R/o Peth Babhulgaon, Tq. Pathri, Dist.Parbhani. 6. Latabai w/o Manchak Ambhore, Age: 35 years, Occu: Household, r/o Warna, Tq. Jintur, Dist. Parbhani. ...RESPONDENTS (R.No.4 to 6 Orig.Defts.No. 1 to 3) ... Mr.M.P.Kale, Adv., for the petitioner. Mr. S.K.Chavan, Adv., for respondent nos. 1 to 3. Mr.B.A.Shinde, Adv., for respondent nos. 4 to 6. ... CORAM : K.U. CHANDIWAL, J. Dated: November 29, 2011 ... PER COURT :- 1. Grant of injunction in RCS No.80/2009, below Exh.5 by order dated 22nd Dec.,2010, recorded by learned Civil Judge, Senior Division, Parbhani, is questioned by original defendants in the Appeal From Order. 2. The respondent in the appeal came with a theory that Smt.Mathurabai is the first wife of 3 AO NO.54/2011 Nivrutti Kharawade and Nivrutti has performed second marriage with Pushpabai i.e. original defendant no.1 during subsistence of the first marriage. The plaintiff nos. 2 and 3 are claimed to be daughters of deceased Nivrutti Kharawade and of the plaintiff No.1 out of the wedlock. 3. Learned Judge recorded in paragraph no. 11 of the order that the plaintiff did not tender any evidence; firstly, to establish that she had marital knot with Nivrutti, or that her marriage was earlier to the marriage with Pushpa. Learned Judge simply, based on assertions of the plaintiff that, she is first wife of Nivrutti, believed her version, and clamped injunction restraining appellants herein from alienating the suit property. 4. If the respondents herein have rights in the property, any alienation during pendency of the suit will have its impulse and impact on such transaction; care can be taken in terms of Section 52 of Transfer of Property Act. Original plaintiff Mathurabai is at liberty to get her lis registered with competent authorities. Clamp of injunction by the learned Judge, in the fact situation, was unwarranted, and even against the settled legal position. 4 AO NO.54/2011 5. The order of injunction below Exh.5 in RCS No.80/2009 is set aside. Appeal From Order allowed. Civil Application disposed of. ( K.U. CHANDIWAL, J. ) ... agp/54-11ao