JHARANA TARAI Vs. NIRUPAMA SAMAL

JUDGEMENT

(1.) This appeal has been filed challenging the order dated 7.1.2015 passed by the learned Civil Judge (Sr. Divn.), Kujang in I.A. No. 85 of 2014 in the matter of an application under Order 39, Rule 1 and 2 of the CPC directing the parties to maintain status quo with respect to the property purchased by the appellant from the purchaser of the said land who had purchased it from the father of the respondents.

(2.) Facts necessary in the purpose of this appeal are stated hereunder:- In order to avoid confusion and for better understanding, the parties hereinafter have been referred to as they have been arraigned in the suit. The respondents as the plaintiffs have filed the suit i.e. C.S. No. 94 of 2014 for partition claiming ?th share for each of them over the property described in the schedule of the plaint which in total comprises of land measuring Ac.4.58 decimals. A prayer remains for declaration of sale deed dated 3.7.2002 executed by defendant no. 2 in favour of defendant no. 3 and the sale deed in turn executed by defendant no. 3 in favour of defendant no. 4 as void and for permanent injunction restraining defendant no. 4 from interfering in the possession of the land covered under the said sale deed as described in schedule-B of the plaint which forms a part of the total suit land. The suit having been filed in the year 2014, later the plaintiffs filed the petition for issuance of temporary injunction against defendant no. 4 so as to restrain her from making any construction over the land that she claims to have purchased.

(3.) Heard the learned counsel for the parties at length. Perused the plaint, written statement, petition for temporary injunction with objection as also the documents filed by the parties in the trial court. I have also gone through the order impugned in this appeal.