1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Godbole, learned Senior Counsel for the Petitioners, and Mr. Sale, learned counsel for the Respondents.

2. By this Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 19th September 2016 passed by the Ad-Hoc District Judge-1, Sangli, thereby allowing the Miscellaneous Civil Appeal No.139 of 2015, filed by the Respondents herein against the order of interim injunction passed by the Civil Judge, Senior Division, Sangli, on 28th August 2015 below “Exhibit-5” in Special Civil Suit No.102 of 2012.

3. The gist of the facts, giving rise to the present Writ Petition, can be stated, in brief, as follows :-

Petitioners herein are the Original Defendants and cousin brothers of the Respondents. One 'Sadashiv' was the common ancestor, who had two sons by name 'Vishnu' and 'Venkatesh'. Petitioner Nos.1 and 2 are the legal heirs of 'Vishnu'; whereas, Respondents are the legal heirs of 'Venkatesh'. The suit properties, bearing Survey No.504, admeasuring 3 H 78 R and Survey No.503, admeasuring 4 H 5 R, situate at Village and Taluka Jat, District Sangli, were owned by Sadashiv.

4. Respondents herein filed a Suit claiming inter alia that, since the death of Sadashiv, they are in possession and cultivation of the suit land since the year 1965, to the knowledge of all other legal heirs, including Respondents. Their names were also mutated in the 'Record of Rights' of the said lands. As the land owned by the 'Friends' Association, Jath' is adjacent to the suit lands, this 'Friends' Association, Jath' started claiming 'right of way' from the suit lands and, therefore, the Respondents filed Regular Civil Suit No.57 of 1988 against the said Association. In that Suit, the evidence of Petitioner No.2-Govind was recorded and in his evidence, he has also accepted the fact that, the suit lands are in cultivation and possession of the Respondents herein and he is not cultivating the same. Thus, according to the Respondents, to the knowledge of the Petitioners, they were and are in possession and cultivation of the suit lands. Despite that, when Respondent No.1 started converting the said land to the 'non-agricultural' purpose, the Petitioner Nos.1 and 2 filed a Suit for injunction, bearing Special Civil Suit No.120 of 1995 against the Respondents and in that Suit, the 'Compromise Decree' was arrived at on 12th June 1997.

5. In the said 'Compromise Decree', it was accepted by the parties that, the suit lands are the joint family properties and yet to be partitioned by metes and bounds. It was further admitted in the said 'Compromise Decree' that, Survey No.504, with the entire area of 3 H 78 R, is in possession of the Petitioners and is given to their separate share; whereas, Survey No.503 was given to the share of the Respondents. Accordingly, the mutation entries were also made in the 'Record of Rights'.

6. According to the Petitioners, based on this 'Compromise Decree', Respondent No.1 got the land bearing Survey No.503 converted from 'agricultural' to 'non-agricultural' use, under Section 44 of the Maharashtra Land Revenue Code, 1966, by applying to the Sub-Divisional Officer, Miraj Division. As per the said compromise, since Survey No.504 came to the share of Petitioner Nos.1 and 2, they executed a registered Sale Deed of the said land in favour of Petitioner Nos.3 to 9 for valuable consideration on 30th August 2010, after issuing a public notice on 28th July 2010. On the basis of this Sale Deed, the names of Petitioner Nos.3 to 9 came to be entered into 'Record of Rights' of the said land. As Respondent Nos.1 to 3 objected to the said mutation entry, the Disputed Case bearing No.120 of 2011 was registered before the Circle Officer, Jath, which came to be decided in favour of the Petitioners on 22nd March 2011. Aggrieved by the said order, Respondent Nos.1 to 3 preferred R.T.S. App