1 C.A. 18027/2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 18027/2010 IN SECOND APPEAL NO. 429/2008 ATHYA MAKTA BHIL AND OTHERS VS. KAGDA INDA BHIL AND OTHERS Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 4th July, 2011. Mr. Pravin G. Patil, h/f Mr. R.N. Dhorde, Advocate for the appellant. Mr. J.P. Kuvar, Advocater for respondent Nos.1 to 5. 1. Heard. 2. This application seeks temporary injunction against the respondents from interfering in peaceful use of applicants / appellants of the suit property. The applicants / appellants since beginning contend that they have 1/3rd share in the suit property because the respondent No.1 as a karta held the suit property for and on behalf of all the members of the family. They demanded partition and separate possession, but the suit was dismissed. So also, the first appeal was dismissed. In view of this, the applicants’ case for demanding partition has been rejected. The applicants 2 C.A. 18027/2010 never mentioned while their case was before lower court that they are cultivating some portion of the suit property independently and that they never made an application for injunction etc. for protecting their such enjoyment of the joint family property. 2. It seems that after the second appeal was filed, an incident between the parties occurred on 19/10/2010. The respondent made a complaint against the applicants that they had entered the agricultural lands and tried to take away the crop. Due to the complaint lodged against the applicants, they were arrested and were kept behind bars for some days. This incident prompted them to make this application. The application would fail because as said above, the applicants never contended that they independently cultivated certain part of the suit property as members of the joint family etc.. The application should therefore, fail. The application is dismissed. [A.V. NIRGUDE,J.] ts k/2011/July4/ca18027.10