Case Note & Summary
Writ petition challenging an appellate court's order regarding an injunction and the withdrawal of compensation. The dispute arises from ancestral properties owned by Baburao Kanhu Dahatonde, with plaintiffs claiming rights to specific properties and a share in compensation awarded to defendants. Legal issues include the maintainability of an independent suit for compensation under the Land Acquisition Act and the application of Hindu Succession Act amendments. The appellate court partially allowed the injunction on property alienation but refused it on compensation withdrawal, directing defendants to preserve plaintiffs' property share pending final resolution.
1. Introduction
Overview of the dispute over ancestral properties in Underkhel, Taluka Ashti, District Beed, owned by Baburao Kanhu Dahatonde.2. Facts of the Case
Details of Baburao's family structure, including two wives and their descendants. Government acquisition of Baburao's properties and the subsequent compensation awarded. Plaintiffs' claims to specific properties and a share in compensation received by defendants.3. Legal Proceedings
Initiation of a civil suit by plaintiffs seeking partition and a share in compensation. Trial Court's decision to reject plaintiffs' interim injunction application in 2020. Appellate Court's 2021 decision partially allowing an injunction on property alienation but denying it on compensation withdrawal.4. Key Legal Issues
Whether an independent civil suit for compensation share is maintainable under the Land Acquisition Act. Application of amendments to the Hindu Succession Act affecting property inheritance rights.5. Court Decisions
Appellate Court's findings on plaintiffs' prima facie case and the balance of convenience regarding the injunction. Interpretation of provisions under the Land Acquisition Act pertaining to the distribution of compensation.6. Conclusion
Appellate Court's directive to defendants to preserve plaintiffs' property share pending final resolution of the partition suit. Disposal of the writ petition affirming plaintiffs' entitlement to compensation share subject to ongoing legal proceedings.7. Legal Precedents
Reference to relevant judgments supporting the maintainability of independent suits for compensation share.
Issue of Consideration: Sindubai alias Kalabai Rambhau Kapse Ors. Versus Raosaheb Baburao Dahatonde Died Through L.Rs Anr.
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