JUDGMENT :

SANDEEP V. MARNE, J.

1. Order dated 10 December 2018 passed by the Civil Judge Senior Division, Pune, allowing application for temporary injunction is the subject matter of challenge in the present Appeals.

2. Respondent Nos. 1 to 5 have instituted Special Civil Suit No. 1045 of 2018 in the Court of Civil Judge Senior Division, Pune, essentially seeking partition of the suit properties. As a consequence of relief for partition, various sale transactions by which some of the suit properties are alienated, have also been challenged in the suit. There are as many as 53 Defendants to the suit and numerous properties. However, for the purpose of determining the validity of the impugned order of temporary injunction dated 10 December 2018, what is relevant is only one suit property bearing Gat No. 97, village Koregaon Mul, taluka Haveli, District Pune. Also, only back to back two transactions in respect of land bearing Gat No. 97/2, being sale deed dated 4 April 2016 executed by Defendant Nos. 2 to 9 in favour of Defendant No. 1 and the sale deed dated 1 November 2018 executed by Defendant No. 1 in favour of Defendant Nos. 13, 14 and 15 (Petitioners herein), are relevant.

3. By the order impugned in the present Appeal, the Trial Court has restrained Defendant Nos. 13 to 15 from creating any third party interest over the land bearing Gat No. 97 during pendency of the suit. Aggrieved by the order dated 10 December 2018, two appeals have been filed. Appeal from Order No. 121 of 2019 is filed by Defendant Nos. 13 to 15 and Appeal from Order (STP) No. 21532 of 2022 has been filed by Defendant No. 1.

4. Considering the narrow controversy involved in the present Appeals, it is not necessary to narrate facts in detail. One Tukaram More allegedly had three sons, Bapu, Dagdu and Dinkar. Appellants dispute relationship of Dinkar as Tukaram’s son. It is Plaintiff’s case that various properties at village Dasve, Tal. Mulshi, District Pune are joint family properties. That Tukaram’s son-Bapu More was the Karta of the joint family. Some of the properties of the joint family at village Dasve were acquired for construction of a Dam, the land at Gat No. 97/2 admeasuring 2H 2R at Village Koregaon Mul, taluka Haveli, District Pune, came to be allotted in the name of Bapu More in the year 1986 as project affected person. It is Plaintiffs’ case that even this land bearing Gat No. 97/2 allotted in the name of Bapu More as project affected person is the joint family property and that there has been no partition of various joint family properties.

5. Plaintiffs are children and legal heirs of Dinkar More. They claim share in various suit properties including the property bearing Gat No. 97/2. The legal heirs of Bapu More (Defendant Nos. 2 to 9) executed sale deed dated 4 April 2016 in respect of various properties including Gat No. 97/2 in favour of Defendant No. 1. Defendant No. 1 in turn sold the property bearing Gat No. 97/2 in favour of Defendant Nos. 13 to 15 (Appellants) in the year 2018. Plaintiffs have accordingly instituted Special Civil Suit No. 1045 of 2018 seeking partition of suit properties as well as setting up a challenge to various sale deeds. Plaintiffs filed application for temporary injunction inter alia to restrain Petitioners from creating third party rights in respect of the land bearing Gat No. 97/2. When the application for interim injunction came up for hearing, a purshis was filed by Plaintiffs pressing the relief of temporary injunction only in respect of land bearing Gat No. 97/2 against Defendant Nos. 13 to 15 (Appellants) while not pressing the same against rest of the Defendants. The application for temporary injunction was resisted by Defendant Nos. 13 to 15 (Appellants). Defendant No. 1 assisted them in defending the application for temporary injunction. By order dated 10 December 2018, the Trial Court has proceeded to allow the application for temporary injunction and has restrained the Defendant Nos. 13 to 15 (Appell