JUDGMENT

1. Rule. Rule made returnable forthwith. By consent of parties, the petition is heard finally.

2. The petition is fled by the original defendants, who are aggrieved and dissatisfed by the judgment and order passed by the Ad-hoc District Judge-8, Pune on 10/01/2020 below Exh.33, under which the Appeal fled by the plaintiff is allowed and the order passed by the trial Court in Misc.Civil Application No.95 of 2012 is set aside.

3. The genesis of the dispute lie in a property situated at Sangvi, Tal.Haveli, Dist. Pune. The plaintiffs fled Regular Civil Suit No.60 of 1988 in the Court Civil Judge, Senior Division, Pune against the defendants, for permanent injunction and for restraining the defendants from selling the suit property, which was claimed to be the ancestral property.

During the pendency of the suit, on 25/07/2012, an application was fled under Order 6 Rule 17 of the CPC in which it was pleaded that the suit property is a joint family property and the plaintiffs and the defendants have equal share therein, as there is no separate partition effected. But, since the defendants were in an attempt to dispose of the property, so as to deprive the plaintiffs of their share