UJWALA Vs. SHARABAI

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) This appeal is filed challenging the order passed in O.S.No.29/2010 on I.A.No.1 restraining the appellants by granting temporary injunction from obstructing the plaintiffs peaceful possession and enjoyment over the suit properties. These appellants are defendant Nos.5 and 6.

(3.) The main contention of the counsel appearing for the appellants is that suit schedule properties were purchased on 24/9/2009 by the mother and sisters of vendors of the appellants and counsel submits that consequent upon purchase of sale deed on 24/9/2009, all the revenue records are standing in the name of the appellants and appellants were also in possession of the properties consequent upon the sale deed executed by the vendors. The trial Court has committed an error in granting an order of injunction against the purchasers i.e. appellants and they have purchased the properties from the sons and brothers of the plaintiffs and also counsel would contend that there was a family partition among the father and sons in the year 1988 itself and counsel submits that by that time mother was represented by minor guardian by one of the son i.e. defendant No.1 and parties have acted upon in terms of the partition and subsequently all revenue records are transferred in favour of the vendors and in the year 1988 the daughters were not having any right in respect of ancestral property and granting injunction order against defendant Nos.5 and 6 i.e. appellants who are in possession, is nothing but a perverse order passed by the trial Court. Hence, it requires interference.