VIKAS AGRAWAL Vs. N. MANJULA AIYYAR

JUDGEMENT

(1.) Heard. This appeal has been preferred under Order 43 Rule1 (r) of the Code of Civil Procedure 1908 (henceforth 'the CPC') against the order dated 15/01/2021 in Civil Suit No. 39-A/2020 passed by the 5th Additional District Judge, Bilaspur in the matter of Smt. N. Manjula Aiyyar v. Vikas Agrawal and others, wherein the application filed by respondent No.1/plaintiff under Order 39 Rule 1 & 2 read with Section 151 of the CPC has been allowed and injunction order has been passed against the appellants.

(2.) Facts of the case in brief are that respondent No.1/plaintiff filed a civil suit for declaration of title and permanent injunction, wherein it was mentioned that part of land bearing Khasara No. 2219/2, admeasuring area 0.52 acre situated at Village Sendri, Tahsil and District Bilaspur recorded in the name of respondent No.1/plaintiff and defendant No.3. On the basis of fraud, the appellants/defendant Nos. 1 & 2 obtained power of attorney from respondent No.1/plaintiff and defendant No. 3 in respect of the suit land, and thereafter got sale-deed executed on 10/12/2019 without consideration of their names. Therefore, the sale-deed is not binding upon the respondent No.1/plaintiff. The appellants are trying to dispossess the respondent No.1/ plaintiff and initiating mutation proceeding on the basis of sale-deed. Therefore, the suit had been filed in which application under Order 39 Rule 1 and 2 read with 151 of the CPC was filed. After hearing the said application, the impugned order has been passed.

(3.) It is undisputed that on the basis of registered power of attorney, as given by the respondent No.1/plaintiff and defendant No.3 on 08/11/2019 in favour of the appellants, the appellants have executed registered sale-deed of the suit property in their own name on 11/12/2019 and thereafter they have become both purchaser and seller.