RAMLAL PATEL Vs. SANJAY PATEL

JUDGEMENT

(1.) SINCE both the appeals arise out of common Order dated 25th March,2011 passed by 18th Addl. District Judge, Jabalpur (hereinafter referred to as "trial Court") in Civil Suit No. 2A/2011 and 8A/2011 deciding the application filed by the plaintiffs/appellants under Order 39 Rule 1-2 CPC, hence they are being decided by this common order.

(2.) LEARNED trial Court found that looking to the averments of the parties undisputed facts were that common ancestor was Bheem Patel (Kachhi) who was holding the disputed land, he was succeeded by his three sons Daulat Patel, Balkishan Patel and Dalchand Patel. Daulat Patel was the eldest son, he was succeeded by Khitai Patel and Khitai Patel was succeeded by plaintiffs/ appellants. Balkishan Patel was succeeded by his son Pooranlal Patel who was succeeded by his sons defendants/respondents no. 5 and 6, namely, Khemchand Patel and Yogendra Patel. Dalchand Patel was succeeded by his son Janki Patel whose wife is defendant/respondent no.4 Smt. Darshana Patel and sons are defendants/respondents no.1 to 3, namely, Sanjay Patel, Sujeet Patel and Sukesh Patel. The fact is also undisputed that in the year 1991 plaintiffs/appellants sold the land measuring 14 x 7 = 928 sq.ft. to one Kasturchand Jain.

(3.) WITH the plaint, an injunction application under Order 39 Rule 1-2 CPC was filed together with various documents and affidavits by both the sides.