1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGIANST ORDER NO. 159/2009 SMT. RAMKANYA WD/O SITARAM SONI ..versus.. SMT. ANJU WD/O LAVKESH SONI AND 4 OTHERS =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Shri A.L.Deshpande, Counsel for Appellant. Shri AV.Bhide, Counsel for respondents. C ORAM : K.U.CHANDIWAL, J. DATED : 22nd JUNE, 2010. Heard. 2) In an unfortunate feud between the mother-in-law and daughter-in-law with her children, injunction sought by mother-in-law against her daughter-in-law relating to immovable property left over by son of the plaintiff - Lavkesh, having negatived by the learned Judge, is questioned by the plaintiff. 3) The plaintiff asserts that the good deal of earning by her son Lavkeksh had the nucleus of the basic sale made nominally by the plaintiff in favour of her son Lavkesh to have good livelihood and to have lien, 2 mortgage of the property to make funds for the business, which is disputed by the daughter in law. There was an earlier sale deed dated 19.10.1999, which apparently was prior to the sale deed of the plaintiff- mother dated 11.5.2001. However, at this prima facie stage, the prior sale deed dated 19.10.1999 concerning other property may not play a pivotal role to divert plaintiff's assertion to the entitlement in the share of the property left over by her son Lavkesh. The question of appreciation of sale is altogether different exercise which the learned Judge will independently deal with. At this stage, it cannot be said that the defendant shall be put to embarrassment or impediment if defendants are restrained from either operating the locker or from disposing of the immovable property. It is a matter of record, after the death of Lavkesh, a property allegedly worth Rs. 37,00,000/- is sold to Rs. 17,00,000/-, which demonstrate, at present, the widow/defendant has sufficient means to maintain. 4) Considering peculiar nature of the controversy between the parties, the following order is passed. 5) The defendant nos. 1 to 3 shall not alienate or create third party interest in respect of the disputed property till the disposal of the suit. The locker of the deceased shall not be operated till then. The learned 3 Judge shall ensure to complete the trial within a period of one year after receiving a writ. The observations are prima facie in nature. Needless to add, the learned Judge shall not be influenced by the same. No costs. (K.U.Chandiwal) JUDGE. Rvjalit