JUDGMENT

Urmila Joshi-Phalke, J. - Heard.

2. ADMIT.

3. Present appeal is preferred by the appellants under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short) against the order dated 07.12.2022 passed by the 13th Civil Judge, Senior Division, Nagpur in Special Civil Suit No.290 of 2015 by which the application filed by the respondent No.1 under Order XXXIX Rule 1 and 2 of the Code along with Order XXXVIII Rule 1 and 5 of the Code and Section 151 of the Code. By the said order the appellants are restrained from alienating or creating any third party interest in the suit property and from changing the nature of suit property by way of construction till final disposal of the suit.

4. The brief facts which are necessary to decide the issue are as follows :

(The parties hereinafter referred as per their original nomenclature.).

The plaintiff and the defendant Nos.1 to 3 are the real sisters and daughters of late Shri Madhukarrao Vitthalrao Bobde The defendant No.1 is the eldest daughter who is a Medical Practitioner and was running maternity home on the ground floor of the house at Wazalwar brothers situated at Tilak Road, Mahal, Nagpur