DATTATRAYA SHIVAJI THORWAT Vs. CLOTHILDES SOUZA

JUDGEMENT

(1.) This appeal is directed against the order dated 4th November, 2005 passed in Special Civil Suit No. 85/2005/iii by the Third Additional Civil Judge, Senior Division, Margao below Exh. 4 rejecting the application filed by the plaintiffs under order 39 rules 1 and 2 read with sections 94 and 151 of Code of Civil Procedure, 1908 ("c. P. C. " for short) refusing to grant interim injunction as prayed by the plaintiffs (appellants herein) pending disposal of the suit.

(2.) The parties herein are referred in their original capacity as they were before the trial Court.

(3.) The plaintiffs are claiming to be in possession of the suit property even since the sale in their favour vide registered sale-deed dated 22nd July, 1982. They contend that they have unassessable right; title and interest in the suit property; namely, the property admeasuring 1,786 sq. mtrs. , surveyed in the City Survey Office of Margao under Chalta No. 5 of P. T. Sheet No. 57 ("suit property" for short)