Radha Bai and Others vs Dauwaram Yadav and Others

Hon''ble Shri T.P. Sharma, J.—By this writ petition under Article 227 of the Constitution of India, the petitioners have challenged legality and propriety of the order dated 19-8-2011 passed by the 5th Additional District Judge, Raipur in Misc. Civil Appeal No. 10/2011, reversing the order dated 1-10-2010 passed by the 6th Civil Judge Class-II, Raipur in Civil Suit No. 15A/2010, whereby the Civil Judge Class-II has granted temporary injunction relating to creation of third party interest. I have heard learned counsel for the parties, perused the order impugned, copy of the order dated 1-10-2010, general power of attorney and copies of other documents.

Learned counsel for the petitioners submits that the petitioners herein are predecessors-in-title of Late Punuram, Late Punuram had not executed sale deed in favour of respondent No. 1 herein & respondent No. 2 herein in the year 1997 and the alleged sale deed is forged.

On the other hand, learned counsel for respondents No. 1 & 2 opposes the petition and submits that respondent No. 2 has sold the land to respondent No. 3 and respondent No. 3 has sold the land to respondents No. 4 to 6.

Considering rival claims and pleadings, especially the fact that the petitioners are not in possession over the suit property, definitely, all the transactions would be subject to outcome of the suit, but with a view to avoid further multiplicity, the petition is disposed of with a direction that respondents No. 1 and 4 to 6 herein will not alienate the property or create third party interest without prior permission of the trial Court. The trial Court is directed to expedite the trial and decide the suit as early as possible. Consequently, I.A. Nos. 1 & 2 stand disposed of.