1. Rule, by consent of the parties made returnable forthwith and heard.

2012 (2) JCR (Jhr)

. The above Petition takes exception to the order dated 23/2/2011 passed by the learned District Judge1, Malshiras by which order Misc. Civil Appeal No.5 of 2010 filed by the Respondents herein came to be allowed, and resultantly the order dated 18/1/2010 passed by the learned 3rd Joint Civil Judge, Junior Division, Malshiras in Regular Civil Suit No.549 of 2008 granting temporary injunction to the Petitioners came to be set aside.

3. Shorn of unnecessary details, a few facts necessary to be cited for the adjudication of the above Petition can be stated thus:

The Respondents herein are the original Plaintiffs. They filed a suit for permanent injunction against the Petitioners/Original Defendants from obstructing and illegally encroaching upon the suit land being Gat No.437 admeasuring 3 H. 64 Ares, Pot Kharaba 8 acres, situated at Mouje Tandulwadi, Taluka Malshiras, District Solapur. It appears that the said land was the part of the lands owned by the father of the Petitioners. It appears that the said lands were partitioned and whilst partitioning the lands, the name of the Plain