Priya Prakash Deshmukh v. Gajanan Bjagwantrao Deshmukh
2015-07-21
A.P.BHANGALE
body2015
DigiLaw.ai
JUDGMENT : Heard. Admit. Heard forthwith by consent of parties. 2. Appellant is sister of respondents No. 1 to 4 who have sold part of suit property (described as property No. 2) to respondents No. 5 to 8 and appellant is now apprehending that they may sell remaining property (described as suit property No. 1) and thereby may create third-party interest in and over it. 3. Learned counsel for respondents strenuously urged that respondents No. 1 to 4 are in possession of remaining property. There is no quarrel over that claim and appellant/plaintiff is claiming her 1/5th share and separate possession. 4. Learned trial Judge has entered into discussion in paragraphs 12 and 13 of the impugned order in such a fashion as if he was deciding the suit on merit. That was unnecessary and irrelevant for the purpose of deciding an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure. Apprehension of appellant/plaintiff is not out of place and remaining suit property needs to be protected and it cannot be allowed to change its hands during the pendency of suit. 5. In the result, appeal is allowed. Application of appellant/plaintiff (exhibit 5) is allowed in terms of prayer clause contained in it. No order as to costs. Learned trial Judge shall endeavour to decide the suit on merit as early as possible.