EMTHIYAZ BEG Vs. RAKIBHA JHAN

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. With their consent, the matter is taken up for final hearing. Petitioner is the plaintiff in O.S. 44/11 pending on the file of Principal Civil Judge, Kollegal. The suit is filed for the relief of possession and separate possession against defendants 1 to 6 who have contested the suit. During the pendency of the suit, an application had been filed by the plaintiff seeking an order or temporary injunction against the 7th defendant with regard to alienation of the schedule property till the disposal of the suit. Unfortunately the trial Court has granted an order of injunction restraining the 7th defendant from interfering with the peaceful possession of suit schedule property by way of a temporary injunction till disposal of the suit, though no such prayer was sought for in the application.

(2.) Being aggrieved by the order of stay granting injunction, the 7th defendant chose to file an appeal under Order XLIII, Rule 1(r), C.P.C. before the Civil Judge, (Senior Divn.), Kollegal. The appeal was allowed on 19.1.2015. The plaintiff is aggrieved by the said order.

(3.) As rightly pointed out by the learned Counsel for the respondent, the trial Court could not have granted the order of temporary injunction against the 7th defendant from interfering with the suit property in any manner when the very limited relief of injunction against alienation alone had been sought for. The trial Court has not properly considered the documents of record.