RAU PADMA Vs. GAYATRI DEVI

JUDGEMENT

(1.) These original side appeals are directed against the common order and decretal order dated 26 August 2008 in O.A.Nos.523 and 524/2009 and A.Nos.2962 to 2964 & 2931 of 2009 in C.S.No.438 of 2009 whereby and whereunder, the learned Single Judge granted an order of interlocutory injunction restraining the appellants from interfering with the peaceful possession and enjoyment of the suit property by the respondents, besides restraining them from putting up construction or creating third party interest in the suit property.

(2.) Respondents filed a suit in C.S.No.438/2009 before the original side of this Court, against the appellants praying for a decree of partition of the suit property into five shares and to allot four such shares to them and for a decree of declaration to invalidate the sale deed dated 29.05.2006, executed by the first appellant and registered as Document Nos. 630, 631, 632 and 633/2006 in favour of the appellants 2 to 4.

(3.) In the plaint filed in C.S.No.438/2009, respondents would contend thus:-