PUSHPALATHA A.N. Vs. K.N. GOPAL

JUDGEMENT

(1.) Heard the counsel for the appellant and also counsel appearing for the respondents.

(2.) In this appeal, order is challenged before this Court rejection of the applications filed under Order 39 Rule 1 and 2 of CPC i.e. I.A.Nos.1 and 2, wherein sought for an order restraining the defendants from changing the nature of schedule property till disposal of the suit in I.A.No.1 and in I.A.No.2 restraining the defendants from selling the schedule property till disposal of the suit.

(3.) It is the claim of the plaintiff that site Nos.167 and 196 are formed in Sy.No.164 and total measurement of these two sites is 40X120 and originally the property to the extent of 9.19 guntas of land including 10 guntas of Kharab was purchased by P.V.Dixit Kumar and Ram Kumar under sale deed dtd. 3/1/1997 and they have formed the sites by forming the layout and sale deed was also executed on 29/9/2003 to the vendor of the plaintiff and E-Khata and all revenue records, entries are made and also there was a discrepancy in mentioning the khata number as 165 instead of 164 and the same is corrected by a rectification deed and the plaintiff had purchased the property on 1/8/2018 and from the date of purchase all revenue records are also transferred in the name of the plaintiff and plaintiff is in possession of the property and when the defendants started interfering with the possession of the property, the suit is filed sought for an order of injunction.