S. B. Deshmukh, J. - (1.)This petition is directed against the judgment and the order passed by the learned Principal District judge, Nanded, in Misc. Civil Appeal No. 108/2006 on 22-11-2006.
(2.)The petitioners in this writ petition, are the defendants in R. C. S. No. 223/2006 filed by the respondent, who is the plaintiff in that suit. Parties hereinafter, are referred to their status as plaintiff and the defendants in R. C. S. No. 223/2006. The plaintiff, sought a decree for perpetual injunction restraining the defendants, their employees and servants from making any sort of interference and obstruction to the peaceful possession of the plaintiff in C. T. S. No. 9978 and 9980, corresponding to municipal Corporation No. 1-14-1035 out of land survey No. 19 of village Asadullabad. The area of the suit property is to the tune of 4215 sq. ft. as described in the suit itself. This application, Exhibit-8, is filed alongwith the suit itself on 14-03-2006. Initially, the trial Court, issued notice to the defendants. According to the learned counsel for the respondents Mr. Godhamgaonkar, status quo was issued by the trial Court by passing order on Exhibit-22. Thereafter, below Exhibit-37, the trial court has further passed order on 20-7-2006, extending and continuing earlier status quo granted below Exhibit-22 till next date. This status quo seems to have been further extended till September 10, 2006 by the order passed by the trial Court on august 31, 2006. There is no dispute that the trial Court after hearing the parties, rejected the application for temporary injunction below Exhibit-8, by the order passed on August 25, 2006.
(3.)The plaintiff, being aggrieved by the rejection of the temporary injunction application, filed Misc. Civil Appeal before the learned District Judge, Nanded. It was misc. Civil Appeal No. 108/2006. This Misc. Civil Appeal, after hearing the parties, has been allowed by the learned District Judge, nanded by the judgment and the order on november 22, 2006. The order passed by the trial Court, rejecting the temporary injunction application Exhibit-8 is quashed and set aside and the said application is allowed by the Appellate Court. It is this order, which is challenged by the defendants, in this writ petition under Article 227 of the Constitution of India.