SALAMAT KHAN Vs. AMANAT KHAN

JUDGEMENT

(1.) Heard finally with consent.

(2.) This Miscellaneous appeal under Order 43 Rule 1 of CPC is directed against the order of trial court dated 28/7/2014 whereby the application for temporary injunction filed by appellant has been rejected.

(3.) In brief the appellant has filed the suit for declaration and permanent injunction pleading that entire land belong to Gulab Khan father of appellant and respondent No.1 and during his lifetime he had partitioned the suit land between them in which the appellant had received the suit land and was using it but respondent No. 1 without his consent unauthorisedly executed the sale deed dated 2/2/13 in favour of respondent No. 2. Hence by filing the application for temporary injunction a prayer was made for restraining respondents from interfering in his possession.