JUDGEMENT
SHALINI PHANSALKAR.JOSHI,J. -
(1.)Rule. Rule is made returnable forthwith. Heard finally, by consent of Mr. Phatak, learned counsel for the Petitioners, and Mr. Talkute, learned counsel for Respondent No.1.
(2.)By this Petition, filed under Article 227 of the Constitution of India, Petitioners are challenging the order of interim injunction passed by the
(3.)rd Joint Civil Judge, Junior Division, Malshiras, on 6 th March 2017, which is confirmed by the learned Ad-Hoc Additional District Judge-1, Malshiras, vide his order dated 15th November 2017 passed in Miscellaneous Civil Appeal No.10 of 2017. 3. The case of the Petitioners is that, they are in actual possession of the suit property bearing Gat No.1358, situate at Village Velapur, Taluka Malshiras, District Solapur, having purchased the same from the original owner i.e. Defendant No.1. Though Respondent No.1-Original Plaintiff is contending that he is in possession of the suit land as a tenant, his claim to that effect is already rejected and even the Tenancy Appeal bearing No.30 of 2013 came to be dismissed to that effect, thereby proving that Respondent No.1-Plaintiff has failed to prove his claim of tenancy and also the possession over the suit land. Even in the proceedings filed under Sections 145 and 146 of Cr.P.C, it was found that Respondent No.1-Plaintiff is not in possession of the suit land and possession of the suit land was taken over from the present Petitioners and handed over to the Court Receiver on account of dispute relating to the said aspect; thus, as on the date, the possession is with the Court Receiver. According to learned counsel for the Petitioners, therefore, when the findings given in the tenancy proceedings clearly go against Respondent No.1-Plaintiff, it has to be held that, both, the Trial Court and the Appellate Court had committed an error apparent on the face of the record in holding that Respondent No.1-Plaintiff is in possession of the suit land and thereby granting the relief of interim injunction in his favour.
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