SUBHASH CHAND SHARMA Vs. RAJNI TYAGI

JUDGEMENT

(1.) Heard Sri Vishnu Sahai, learned counsel for the petitioners and Sri Manish Goyal assisted by Sri Shiv Sagar Singh, learned counsel for the respondents.

(2.) The plaintiffs/petitioners filed Suit No. 80 of 2009 for cancellation of sale deed along with temporary injunction application to restrain the respondents from interfering in the possession of the suit property. The Court of first instance by order dated 11.9.2009 directed the parties to maintain status quo in respect of Plot No. 243 measuring 1-10-0 situated in Village Garh Bangad, Tehsil Garh Mukteshwar, District Ghaziabad (now Hapur). Aggrieved by the aforesaid order the respondents filed Misc. Appeal No. 42 of 2009. The Appellate Court allowed the appeal vide order dated 1.5.2013 and set aside the order of the Court of first instance. The order dated 1.5.2013 is being assailed.

(3.) The plaintiff/petitioners had earlier filed Suit No. 147 of 2002 for permanent mandatory injunction for the same property and the suit is still pending. The application for temporary injunction was rejected as the petitioners failed to prima facie establish his title and possession over the suit property.