SINGARA SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) This revision petition has been preferred by one of the defendants who is aggrieved at the order dated 24.11.2005 passed by the learned Additional District Judge, Jind whereby the appeal filed by the respondents-plaintiffs has been accepted and during pendency of the suit, the defendants have been restrained "from interfering in the possession" of the respondent-plaintiffs over the subject land.

(2.) The declaratory suit has been filed averring that the respondent plaintiffs are owners in possession of the subject land in terms of agreement/exchange deed dated 6.2.1989 and are entitled to get it mutated in their names in the revenue record. They have also sought declaration that the sale deed dated 27.12.2004 executed by the set of defendant No. 1 in favour of set of defendant No. 2 is null and void and is not binding on their rights. In the said suit, the plaintiff-respondents moved an application under Order 39 Rules 1 and 2 read with Section 151 CPC for the grant of ad interim injunction against dispossession. Their aforesaid application was, however, dismissed by the learned trial Court vide its order dated 16.9.2005. Aggrieved, the respondent-plaintiffs preferred an appeal which has since been allowed by the First Appellate Court vide its impugned order dated November 24, 2005.

(3.) Notice of motion was issued and in response thereto the respondent-plaintiffs have put in appearance. I have heard learned Counsel for the parties and perused the impugned orders.