PREM KUMAR @ PREM KUMAR SINGH Vs. CHANDESHWAR RAI

JUDGEMENT

(1.) Heard the learned counsel for the appellant and also the learned counsel for the respondent no.4 under Order 41 rule 11 C.PC.

(2.) This Misc. Appeal has been filed by the plaintiff appellant against the order dated 12.9.2008 passed by the learned Sub Judge IXth, Vaishali at Hajipur in Title Suit No.385 of 2007 whereby the learned court below has rejected the plaintiff's application for injunction under Order 39 rule 1 C.P.C.

(3.) The plaintiff appellant filed the aforesaid Title Suit No.385/07 for declaration that the sale deed dated 21.5.2007 executed by the defendant respondents 2nd set, i.e., respondent no.4 in favour of the respondents no.1,2 and 3 is illegal and void on the ground that the respondent no.4 has sold the land in excess of his share.