JUDGMENT :

SANDEEP K. SHINDE, J.

1. Heard.

Aggrieved by order dated 4th December, 2020 passed below Exhibit – 5 in Special Civil Suit No. 954 / 2020 by the Court of Joint Civil Judge, Senior Division, Pune, Defendants have preferred this appeal under order 43 Rule 1 of the Code of Civil Procedure, 1978.

2. Plaintiffs are seeking, declaration that they have perfected their title over the suit property described in paragraph no. 1.3 i.e. land bearing survey no. 579 / 2, ad-measuring 799.60 sq. mtrs., more particularly described in paragraph no. 1.3 of the plaint, by way of adverse possession. Another relief sought, is to perpetually injuct defendants from entering over the property described in paragraph nos. 1.2 and 1.3 of the plaint or any part thereof and or interfering with plaintiffs’ possession over it by themselves or their agents or any persons claiming through the defendants.

3. Pending suit, plaintiffs filed an application for temporary injunction. Trial Court vide order dated 4th December, 2020 restrained the defendants from entering over the suit property described in paragraph nos. 1.2 and 1.3 of the plaint or interfering with plaintiffs’ possession over it, till disposal of