NAMRATA AND ANOTHER Vs. PANKAJ MALHOTRA

JUDGEMENT

(1.) As per order dated 18.10.2012, the respondent has been served for 23.04.2012, but no one has caused appearance on his behalf till today. So, the petition shall be heard exparte.

(2.) Petitioners are the plaintiffs before the trial Court. Claiming themselves to be in possession of the suit property described in the cause title of the plaint (Annexure P2), on the basis of sale deeds dated 22.06.2000, 19.09.2001 and 29.12.2006, the petitioners, herein, instituted suit before the trial Court for permanent injunction seeking to restrain respondent, herein, from usurping the same, as the latter made an abortive attempt to do so.

(3.) Respondent, herein, filed written statement (Annexure P3), wherein, apart from taking preliminary objections of locus standi, maintainability of suit and that he is in exclusive possession of the suit property on the basis of sale deed dated 10.06.2004, averred that the petitioners are not in possession of the suit land. Consequently, prayer for dismissal of the suit was, thus, made.