JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally.

2. The Petitioners – Defendants take exception to a judgment and order dated 27 October 2023 passed by the learned District Judge, Pune in Misc. Civil Appeal No.221 of 2022, whereby the appeal preferred by the Petitioners came to be dismissed affirming the order dated 11 April 2022 passed by the learned Civil Judge, Sr. Division, Pune in RCS No.2034 of 2019, thereby restraining the Petitioner – Defendant No.2 from selling, transferring, assigning or alienating the suit property on the basis of Gift Deed dated 25 April 2013 and 17 June 2013 in any manner, till further orders.

3. The background facts leading to this Petition can be stated, in brief, as under :

2.1 Shivram Laxman Balghare was the common ancestor. Shivram had acquired a number of properties, including the agricultural lands bearing No.203/2B of Village Lohegaon, Gat No.533 of Village Ambegaon and Gat No.385 of Village Ambegaon (suit properties). Shivram passed away on 13 August 1978, leaving behind Laxmibai, the widow, who passed away in the year 1979; three sons, namely, Shankar, Haribhau and Balkrishna and two daughters Ni