1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1768 OF 2008 Gajanan E. Shingare .. Petitioner Versus Sachin G.Shingare & Ors. .. Respondents Amit Shete for petitioner Mr.Yogesh Jadhav i/b. V.S.Talkute for respondent Nos. 1 to 3. CORAM : S.C.DHARMADHIKARI, J. DATE : 15th July 2009. P.C.: 1] On the last occasion this matter was argued after it was stated that there is no settlement possible. 2] The petitioner impugns an order passed on 11th January 2008 by the learned Ad hoc Dist.Judge – I, Pandharpur in Misc.Civil Appeal No.130 of 2007. 3] Respondent Nos. 1 and 2 are the original plaintiffs in Suit No.520 of 2007. It is undisputed before me that this suit is filed by the respondent Nos. 1 and 2 for partition of the suit property and it is stated 2 that the plaintiffs have 1/3rd share each and the suit property be partitioned by metes and bounds by the Court. 4] In this suit, an application was made for interim injunction and the learned Trial Judge dismissed the said application (Exh.5) on 6th December 2007. 5] Aggrieved by the same, respondent Nos. 1 and 2 – original plaintiffs preferred an appeal in the Court of Dist.Judge, Pandharpur which came to be allowed by the impugned order. 6] Aggrieved by the said order, the original first respondent – defendant No.1 has preferred this petition, invoking this Court’s jurisdiction under Article 227 of the Constitution of India. 7] Learned Counsel appearing for the petitioner contended before me that the Court below committed an error apparent in allowing the appeal. It was urged that the suit property is a self acquired property of the petitioner and considering that the respondent Nos. 1 and 2 are residing separately, the injunction ought to have been refused. The Court below ought to have also appreciated that the petitioner is a Karta of joint family 3 and further being disabled/ handicapped, the equities are also not in favour of the respondent Nos. 1 and 2 – original plaintiffs. 8] It is not possible to accept any of these contentions, inasmuch as the lower appellate court has adverted to the fact that the respondent Nos. 1 and 2 – plaintiffs have made out a prima facie case. Balance of convenience lies in their favour and considering the claim of the plaintiffs, they will suffer irreparable loss if temporary injunction is not granted. 9] In para 9 of the impugned order, it is stated that the petitioner before me, who is original defendant No.1 in the suit, and plaintiff No.2 therein, are husband and wife. Plaintiff No.1 is their son and original defendant No.2 is their daughter. From the mutation entry it is clear that the plaintiff No.2 sold the field Gat numbers of which are mentioned in the said para on 11th December 1994 for a consideration of Rs.40,000/-. The suit land has been purchased thereafter. The plaintiff No.2 was residing with defendant No.1. Therefore, by selling the lands standing in the name of plaintiff, the suit land has been purchased in the name of the first defendant. 4 10] The Court below has come to this prima facie conclusion on the basis of the materials produced and has also found basis in the apprehension that petitioner- Original Defendant No.1 is attempting to alienate the suit land. In these circumstances, all that has been granted is that the first defendant – petitioner before me should not alienate or transfer the suit land till the final decision in the suit. I do not see how this order, apart from being not erroneous or vitiated as urged, prejudices the petitioner in any manner. More so, when the lower appellate court has directed that the suit itself should be disposed of within a period of 2 years from the date of the lower appellate court’s order. In these circumstances, I do not see any reason to interfere with the discretion exercised by the lower appellate court, in my limited and equitable jurisdiction under Article 227 of the Constitution of India. Petition summarily dismissed. No costs. The trial court to abide by the appellate court’s direction and dispose off the suit expeditiously. (S.C.DHARMADHIKARI, J)