RAMBAHADUR PRAJAPATI Vs. NATTHI SINGH AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) This petition under Article 227 of the Constitution of India, at the instance of defendant No. 1 is directed against the order dated 10/05/2018 passed in appeal under Order 43, Rule 1(r) of Code of Civil Procedure, 1908, whereby the appellate Court has granted an injunction in favour of respondents/plaintiffs to the extent that defendant shall not alienate the suit property during pendency of suit.

(3.) The suit at the instance of respondents No. 1 to 5 is for declaration of title and permanent injunction with regard to agricultural land bearing survey No. 2226 Rakwa 1 Bigha 17 Biswa, survey No. 1227 Rakwa 2 Bigha 5 Biswa, survey No. 1235 Rakwa 1 Bigha 5 Biswa, survey No. 1236 Rakwa 1 Bigha 12 Biswa, survey No. 1243 Rakwa 10 Bigha 15 Biswa, survey No. 1244 Rakwa 1 Bigha 7 Biswa, survey No. 1245 Rakwa 9 Biswa, survey No. 1246 Rakwa 3 Bigha 1 Biswa, survey No. 1262 Rakwa 5 Bigha 12 Biswa, all situated at Village and Tahsil Ambah, District Morena, inter alia, contending that they are co-owners and in joint possession of the suit property having half of the share thereover. Along with the suit, plaintiffs also filed an application under Order 39, Rule 1 and 2 of Code of Civil Procedure, 1908 seeking injunction against the defendants. The petitioner - defendant No. 1 denied the contention raised in the application under Order 39, Rule 1 and 2 of CPC.