NOORBANO & ORS Vs. MUBINA & ORS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed challenging the order dated 6.8.2013 passed by the Third Additional Sessions Judge, Guna, in Misc. Civil Appeal No.12/13 by the defendants before the trial Court.

(2.) The brief facts leading to the present writ petition are that plaintiffs had filed a suit seeking the relief of declaration and permanent injunction and prayed that sale-deed dated 4.5.12 be declared as null and void. Plaintiffs' had also filed an application under Order 39 Rule 1 and 2 CPC seeking relief of injunction against the co-owner which was dismissed by the learned trial Court.

(3.) It is the grievance of the petitioners that the learned 1st Appellate Court has granted the relief of injunction under Order 39 Rule 1 and 2 of CPC to the plaintiffs, and therefore, the present petitioners are before this Court.