JUDGMENT :

R.G. KETKAR, J.

1. Heard Mr. Anturkar, learned Senior Counsel for the petitioner and Mr. Khandeparkar, learned Counsel for the respondent No. 2 at length.

2. By this Petition under Article 227 of the Constitution of India, petitioner/plaintiff No. 3 - Sharokh Nikorawalla (for short ‘Sharokh’) has challenged the judgment and order dated 11.04.2016 passed by the learned Civil Judge, Junior Division, Mahabaleshwar below Exhibit-5 in R.C.S. No. 84 of 2015 as also the judgment and order dated 16.11.2016 passed by the learned District Judge-3, Satara in Miscellaneous Civil Appeal No. 69 of 2016. By these orders, the Courts below rejected the application exhibit-5 made by Sharokh inter-alia praying for interim mandatory injunction directing the respondents No. 1 to 3, hereinafter referred to as ‘defendants’ to remove the obstruction on the gate and opening the access and enjoyment of the suit property; appointing Court Commissioner or any other competent person to remove the obstruction on access to the suit property. The facts and circumstances giving rise to filing of the present Petition, briefly stated, are as under.

3. Mr. Fardoon Dalal (for short ‘Fardoon’) predecessor in tit