SUPER BUILDERS AND DEVELOPERS Vs. HARISH KUMAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dtd. 29/7/2022 passed by Fourth District Judge, Bhopal in Miscellaneous Civil Appeal No.63/2022 by which the petitioners have been injuncted from raising construction over the property in dispute, from changing the nature of the property as well as for creating any third party right by sale.

(2.) The undisputed facts are that the petitioners are in possession of the property in dispute. It appears that the plaintiffs/respondents Nos.1 to 3 have filed a suit for declaration of title and vacant possession. It is the case of the plaintiffs/respondents Nos.1 to 3 that they are the owners of the property after having purchased the same by registered sale deed dtd. 19/4/1996 whereas defendants Nos.1 to 9/respondents Nos.4 to 12 claimed that they are the owners of the property in dispute. Defendants Nos.1 to 8/respondents Nos.4 to 11 executed a relinquishment deed in favour of defendant No.9/respondent No.12, who in his turn entered into a joint venture agreement with the petitioners on the terms and conditions mentioned therein (Annexure P/8).

(3.) Plaintiffs/respondents Nos.1 to 3 filed an application under Order 39 Rule 1 and 2 CPC which was opposed by the defendants. The Trial Court by order dtd. 9/4/2022, Annexure P/4 rejected the application.