M. VENKATESHULU AND ORS. Vs. RAKESH AND ORS.

JUDGEMENT

(1.) THIS appeal is filed challenging the order dated 20.4.2015 passed in O.S. No. 747/2015 allowing the application filed by the plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 thereby restraining defendants 5 and 6 from alienating or changing the nature of the suit schedule property in any manner till the disposal of the suit.

(2.) APPELLANTS are defendants 5 and 6 before the Court below. Respondent No. 1 is the plaintiff. Respondent Nos. 2 to 5 are defendant Nos. 1 to 4 in the suit. Respondent No. 1 herein has filed the suit seeking a direction to defendants 1 to 6 to execute the sale deed in favour of the plaintiff in respect of the suit schedule property and to put him in possession of the same. Declaration is also sought to the effect that sale deed dated 6.11.2014 executed by defendant Nos. 1 to 4 in favour of the defendants 5 and 6 was not binding on the plaintiff.

(3.) I have heard the learned counsel for both the parties and perused the entire materials on record. The point that arises for consideration in this appeal is -