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2023 Supreme(Online)(Bom) 6434

APPELLATE SIDE,BOMBAY
SANDEEP V. MARNE, J
Siddhappa Babu Erandole – Appellant
Versus
Adwait Nikhil Erandole & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A. M. Kulkarni
For the Respondents: Mr.S.S. Patwardhan, Mr. Mrinal Shelar, Mr. Tejas D. Deshmukh, Ms. Sulagna S. Mohanty, Ms. Kshema Mahuli, Mr. Anshuman Deshmukh

JUDGMENT

1. Challenge in the present appeals is to the order dated 4th February 2022 passed by learned 3rd Joint Civil Judge Senior Division, Sangli allowing application at Exhibit-5 for grant of temporary injunction. By its order, the Trial Court has restrained the Defendants from creating third party rights or changing nature of the suit property during pendency of the suit.

2. Plaintiff No. 2 is the estranged wife of Defendant No.1. Plaintiff No.1 is her son, who was aged 5 years on the date of filing of the suit. Plaintiffs have filed Special Civil Suit No.387 of 2021 in the Court of Civil Judge, Senior Division, Sangli for partition of the suit properties. As per the family tree pointed out in para 2 of the plaint, Babu had 6 children - two sons named Shivputra and Siddhappa and four daughters. After death of Babu, the suit property would have devolved on the two sons and 4 daughters. However, it appears that the 4 daughters have executed Release Deed releasing their rights in respect of the suit properties. It is Plaintiff’s case that on account of release of rights by 4 sisters, the two brothers Shivputra and Siddhappa are entitled to ½ share each in the suit property. As per

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