NEERAJ DARBARI Vs. MANOJ SHUKLA

JUDGEMENT

(1.) BOTH the above appeals are directed against the common order dated 25.1.2000 in civil suit Nos. 4A of 2000 and No. 5 -A/2000 by XII Additional District Judge, Jabalpur allowing the application under Order 39 Rules 1 and 2 CPC filed by plaintiff/respondent No. 1 and prohibiting the appellants of the above appeals from interfering in his possession over the suit -property. Since in both the appeals common questions of law and facts are involved and by the impugned -order, the application as above filed by the plaintiff/respondent No.1 in both the suits has been disposed of, this order shall govern disposal of both the appeals.

(2.) PLAINTIFF / respondent No. 1 filed a suit for declaration that the sale -deed dated 4.1.2000 executed by defendant No. 1 Smt. Mayura Mishra who is respondent No.2 herein in favour of the appellant/defendant No.2 be declared invalid and ineffective and for direction to defendant No. 1 Smt. Mayura Mishra to execute the sale -deed of the suit -property in favour of the plaintiff/ respondent No.1 herein.

(3.) THE plaintiff/respondent No.1 challenged the alienation of the property as above by her sister Smt. Mayura Mishra in favour of the appellant. His claim in suit was based on the right of preemption given to him as well as to his sister, Smt. Mayura Mishra by the will dated 22.3.1994 executed by their father Late Rameshwar Shukla.