JUDGMENT :

Heard. Admit. Heard finally with the consent of learned Counsel appearing on behalf of the respective parties.

2. This is an appeal filed by Nagar Parishad, Katol (original defendant No.4) against the order dated 30th April, 2019 passed below Exhs.5 and 40 by the learned Joint Civil Judge, Junior Division, Nagpur in Special Civil Suit No. 886 of 2017, whereby application filed by the plaintiffs (respondents) for temporary injunction under Order 39 Rule 1 and 2 came to be allowed. (The parties in the present appeal hereinafter referred as plaintiffs and defendant for the sake of brevity).

3. The plaintiffs have filed Special Civil Suit No. 886 of 2017. The plaintiff No.1 claims to be the owner of Khasra No. 589 (old) admeasuring 1.40 acres (Final Plot No.399, area 0.74 acres as per Town Planning Scheme, Katol No.1)(area as per City Survey 1862.1 sq. meters), together with construction thereon bearing City Survey No.3362, Sheet No.27 of Mouza Katol, situated at Katol. The said suit property is owned by plaintiff No.1. The plaintiff No.1 is a Trust and the absolute owner and occupier of the suit property and is in occupation and possession of the suit property since more than