RAJENDRA PRASAD DWIVEDI Vs. ATUL KUMAR DWIVEDI

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure has been filed against the order dated 15th July, 2003 passed by the Ist Additional district Judge, Rewa in Civil Suit No. 63-A/03 whereby the plaintiffs/respondent No. 1 to 3's application under Order 39 Rule 1 and 2 of the Civil Procedure code (hereinafter referred to as the 'code') for grant of temporary injunction has been allowed.

(2.) IN short the facts are: The plaintiffs/respondent No. 1 to 3 filed a suit for declaration and injunction against the defendant No. 1/appellant and defendant No. 2/respondent No. 4 challenging the sale deed dated 29-5-2003 executed by defendant no. 2 in favour of the defendant No. 1 on various grounds viz it was executed by defendant No. 2 without receiving any consideration from the defendant No. 1 and the defendant No. 2 while executing the sale deed was in the state of intoxication and was unable to understand the contents of the document, the property was ancestral and was sold without there being any legal necessity nor it was sold for the benefit of the estate. The plaintiffs also filed an application under Order 39 Rules 1 and 2 of the Code praying therein that till disposal of the suit, temporary injunction be granted restraining the defendant no. 1 from interfering in the possession of the plaintiffs in the suit property.

(3.) THE defendant No. 2 who is father of the plaintiffs No. 1 and 2 and husband of No. 3 by filing the reply supported the case of the plaintiffs'.