1 WP No.3429/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3429 of 2011 Rambhau Maruti Argade ... Petitioner versus Shantabai Balasaheb Argade and ors ... Respondents ... Mr. Dilip Bodke i/b Kiran Nikam for the petitioner. Mr.S.A.Sawant with Abhishek Deshmukh for the respondents CORAM : D.G. KARNIK, J DATED : 28th June 2011 P.C. 1. This petition is directed against an order passed in an interlocutory proceedings and calls for no interference in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India in the facts of the case which are as follows: 2. Petitioner is the original defendant no.2. Respondents are the original plaintiffs. Respondents filed a suit for partition of the suit properties consists of agricultural lands. One of the lands which form the subject matter of the suit was acquired by the Government. The respondents made an application to the trial court that petitioner no.2 (defendant no.2) was likely to take the entire 2 WP No.3429/11 compensation and therefore, he should be restrained from receiving the entire compensation. The trial court dismissed the application. However, on appeal, the appellate court allowed the application. Since the compensation is in respect of a property which is alleged to be a joint family property and which forms a part of the suit for partition and has been acquired during the pendency of the proceedings, the appellate court committed no error in preventing the petitioner from receiving the entire compensation by himself. In any event, the order does not call for any interference in exercise of an extra ordinary jurisdiction under Article 227 of the Constitution of India. Writ Petition is rejected summarily. (D.G.KARNIK, J)