: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.221 OF 2010 ALONGWITH CIVIL APPLICATION NO.291 OF 2010 Vijay Shriram Patil & Anr. .. Appellants V/s. Gajanan Pandurang Unale & Ors. .. Respondents Mr. V.B. Rajure for the Appellants. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 10 TH MARCH, 2010. P.C.: 1. The Appeal from Order has been preferred against the order dated 7th January, 2010 passed below Exhibit-5 in Special Civil Suit No.296 of 2009, by the Joint Civil Judge, Senior Division, Kolhapur. 2. The Suit was filed to exercise the preferential right in respect of the share of defendant Nos.1 and 2 in the joint family properties. The appellants are the purchasers of the shares of defendant Nos.1 and 2. The trial Court has : 2 : restrained defendant Nos.4 and 5, i.e. the appellants herein, from creating obstructions in the plaintiffs’ right to possession of the suit properties till the disposal of the Suit. 3. In my opinion, the trial Court has not committed any error in passing the impugned order. There can be no dispute that the appellants are the purchasers of the shares of defendant Nos.1 and 2. However, they cannot have any right of preemption, prima facie, since that right is available only to Class I heirs, as stipulated in the Hindu Succession Act. Defendant Nos.1 and 2 are not heirs falling in Class I, as they are the brother and sister of Pandurang. 4. The Appeal from Order is dismissed. 5. In view of the above, the Civil Application No. 291 of 2010 pending in the Appeal from Order does not survive and the same is dismissed as infructuous.