SANTOSH Vs. SHANKAR

JUDGEMENT

(1.) PETITIONER -plaintiffs have directed this revision against the order dated 25.6.1999 rendered by Vllth Addl. District Judge, Indore, in Civil Misc. Appeal No. 18/99 arising out of the order dated 9.4.1999 passed by XIIIth Civil Judge, Class I, Indore in Civil Suit No. 11 A/99, thereby refusing to grant ad interim injunction against the respondent-defendants on the application filed under Order 39 Rule 1,2 of the CPC.

(2.) BRIEFLY stated the facts of the case are that the applicant-plaintiffs have filed a suit before the trial Court for declaration of the title with regard to agricultural lands in dispute on the allegation that the said lands have been sold to the petitioners by non-applicant No. 1 Shankar. It is stated that the suit lands had fallen to the share of non-applicant No. 2 in a private partition and non- applicant No. 1 on obtaining Rs. 55000/- from the applicants executed an unregistered document which according to plaintiffs is an agreement purporting to be an outright sale with delivery of possession to the petitioners from the date of executing the said document and since then the petitioners are in possession of the suit lands as owners till the date of the suit.

(3.) THE petitioner-plaintiff have also filed an application along with the suit under Order 39 Rule 1, 2 CPC for grant of ad interim injunction in their favour. The said application of the petitioners was dismissed by the trial Court by order dated 9.4.99. An appeal preferred by the petitioners against the said order of the trial Court was also dismissed by the impugned order of the Vllth Addl. District Judge, Indore. Aggrieved the applicants have filed this revision against the impugned order of the Appellate Court.