VASANTHI GOPAL S. Vs. KRISHNALAL M.C

JUDGEMENT

(1.) Defendant Nos.5(1) to 5(3) have filed this appeal challenging the order dtd. 24/2/2021 passed on I.A.No.1 under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, thereby, allowing the application and granting an order of temporary injunction against defendant Nos.5(1) and 5(3) in O.S.No.3829/2020.

(2.) For the sake of convenience and easy reference the rank of parties is referred to as per their rankings before the trial court.

(3.) The plaintiffs have filed a scheme suit under Sec. 92 of CPC praying various reliefs. In the said suit defendant Nos.5(1) to 5(3) have filed written statement. It is stated that plaintiffs are the tenants of Trust in which defendant Nos.1 to 4 are Trustees, who have sold the Trust property in favour of defendant No.5 and defendant Nos.5(1) to 5(3) are the legal heirs of defendant No.5. Defendant No.6 is the Trust. Admittedly the plaintiffs are tenants under the said Trust property. The plaintiffs have filed a suit under Sec. 92 of CPC claiming they are interested in protecting Trust property and also challenged the alienation made by defendant Nos.1 to 4 in favour of defendant No.5 in regard to some of the Trust properties.