KANABHAI BIJALBHAI THAKORE Vs. PYARELAL GULJARILAL AGRAWAL

JUDGEMENT

(1.) The present petitioners are original plaintiffs who filed Civil Suit No. 244/93 against the present respondents.

(2.) It appears that the respondent nos. 3 and 4, who were original defendant nos. 3 and 4, were the owners of a piece of land which was sold to defendant no. 1 by a registered sale deed. Defendant no. 2 also acquired an interest in the said land on account of some act of defendant no. 1 (in respect of which the present petitioners are not explicit). The petitioners-plaintiffs contended in the suit filed years after the sale deed was executed that they had some interest in the land which was so'd by defendant nos, 3 and 4 to defendant nos. 1 and 2, and that therefore, the sale deed executed by the defendant nos. 3 and 4 in favour of defendant nos. 1 and 2 was bad and illegal, inasmuch as the same was behind their back, without their knowledge and since he disposed of their interest in the property. The plaintiffs, therefore, prayed that the said sale deed is not binding on them and the same is, therefore, null and void qua their interest in the property. In the said suit the petitioners-plaintiffs prayed for an injunction by application Exh. 5 seeking to restrain the defendants, their servants, agents, etc. from selling, transferring and/or from entering into possession of the said properly by the use of force.

(3.) The trial court after hearing the parties, dismissed the said application and refused to grant the injunction as prayed for. The plaintiffs, therefore, preferred an appeal being Misc. Civil Appeal No. 18 of 1994 before the District Court, which was also dismissed, by judgment and order dated 22nd April, 1994 by the Extra Assistant Judge, Banaskantha, Palanpur.