PHOOLMATI SINGH PATEL Vs. NATHULAL SINGH

JUDGEMENT

(1.) THIS appeal has been preferred under Order XLIII Rule 1(r) CPC by the plaintiff against the order dated 27.01.2011 passed by learned Second Additional District Judge, Satna in C.S. No. 58-A/2010 dismissing the application for issuance of temporary in- junction.

(2.) THE facts necessary for disposal of this appeal lie in a narrow compass. Suffice it to say that a civil suit has been filed by the plaintiff for declaration of her share, partition and further that the sale-deed executed by defendants No.1 to 4 in favour of defendants No.11 and 12 dated 18.07.1994 be declared null and void and further that the mutation order made in favour of defendants No.11 and 12 dated 07.07.1995 is illegal.

(3.) THE defendants no.1 to 4, 9 and 10 refuted the aver- ments made in the application and pleaded that in partition the suit property fell in the share of Ram Milan and they being the heirs of Ram Milan, a part of suit property was sold by them to defendants no.11 and 12 namely M/S. Karan Cement Factory and M/s. Prism Cement Ltd. It has also been averred in the reply that some land has been sold by defendants no.1 to 4, 9 and 10 in favour of defend- ants no.11 and 12. Further it has been averred that possession of entire suit property is of defendants no.11 and 12 through sale-deeds as well as mining lease granted in their favour by the State of M.P./defendant No.13. At-present the possession is of defendants no.11 and 12 at the spot and their names have also been mutated in the revenue record. Similar type of reply is of defendants no.11 and 12.