ao95.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. APPEAL FROM ORDER NO.95 OF 2011 WITH CIVIL APPLICATION NO.6686 OF 2011 1. Gyanoba s/o Rukmanna Patil, age 70 years, Occu. agril., 2. Urmila w/o Manohar Patil, age 40 years, Occu. House Hold, Both r/o Yelamwadi, Tq. Chakur, District Latur. ... APPELLANTS. (Ori. Defendants). VERSUS Sow. Subhadrabai w/o Gyanoba Patil, age 65 years, Occu. Agri., R/o Yelamwadi, Tq. Chakur, District Latur. ... RESPONDENT. (Ori. Plaintiff). ... Shri Amit S. Deshpande, Advocate for Appellants. ... CORAM : S.S. SHINDE,J. 8th June, 2011. PER COURT: 1. This appeal from order has been filed challenging the judgment and order dated 21st April, 2011. The Joint C.J.S.D., Latur by order dated 21st April, 2011 restrained the ao95.11 2 original defendants No.1 and 2 by order of temporary injunction from creating third party interest or transferring the suit property pending decision of the suit. The respondent herein, who is wife of the appellant No.1, filed Special Civil Suit No.36 of 2011 in the Court of C.J.S.D., Latur for maintenance, declaration and charge of maintenance over the property. In the said suit, interim order under challenge in the present appeal from order came to be passed on 21st April, 2011. 2. It is the contention of the learned Counsel for the appellants that due to interim order, the appellants No.1 who is an old aged person, is not able to sell any property so as to meet out his daily expenses and also the expenses which are incurred and to be incurred for the medical purposes. The learned Counsel invited my attention to page 71 of the ao95.11 3 compilation and submitted that the appellant No.1 herein has already been operated and for post operation medical expenses, the amount is needed. According to the learned Counsel for the appellants, since the appellant No.1 is an old aged person, he is not able to cultivate the land which is in his possession. The learned Counsel for the appellant, therefore, submitted that this Court may interfere in the impugned order by allowing this appeal. 3. I have perused the reasons recorded by the learned Joint C.J.S.D., Latur while passing the impugned order. It is not in dispute that the respondent - plaintiff is wife of the appellant No.1. It is also not in dispute that there is 23 acres land in the name of the appellants. It is also required to be taken note of that the appellant No.1 herein has gifted 3 H 3 R land in favour of the original defendant No.2 - appellant No.2 herein. It is the case of the appellants that in ao95.11 4 retaliation, the original plaintiff - wife has sold 2 H and some odd land to the third party for a consideration of Rs.9 lakhs. 4. In my opinion, the Joint C.J.S.D., Latur, after taking into consideration the rival contentions of the parties, has reached to the appropriate conclusion. The appellants are restrained only from creating third party interest or transferring the suit property pending decision of the suit. There is no any injunction or prohibitory order restraining the appellants from enjoying the fruits of the land which is in their possession. After all, the husband and wife are staying together and in my opinion, the order which is impugned in this appeal has struck balance. Therefore, no interference is warranted in the discretionary order impugned herein. 5. Hence, the Appeal from Order stands rejected. Civil Application does not survive ao95.11 5 and it is disposed of. It is brought to the notice of this Court that the appellant No.1 is 70 years old and the original plaintiff is 65 years old. Looking to the age of the appellant No.1 and the respondent - plaintiff, it would be in the interest of justice that the concerned trial Court hears and decides the suit within six months from today by giving priority. Accordingly, the C.J.S.D., Latur is directed to decide the Special Civil Suit No.36 of 2011 within a period of six months from today. It is assured by the learned Counsel for the appellants that the appellants will co-operate in deciding the said suit and the appellants will not ask for any adjournment unless there is some extraordinary circumstance to ask for an adjournment. [ S.S. SHINDE ] JUDGE. ... PLK/*