KRISHNANAND KUMAR @ ASHOK KUMAR, SON OF LATE KAPILDEO KUAR AND HRIDAY NARAYAN KUMAR, SON OF LATE MUKTESHWAR KUMAR, BOTH ARE RESIDENTS OF VILLAGE AND P.O. DUMRI, P.S. SIMRI, DISTRICT-BUXAR Vs. SHAMBHU KUNWAR @ KUNAR AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the appellants. No one appears on behalf of the respondents. The appeal is directed against the order dated 24th of April, 2007 passed by the 1st Subordinate Judge, Buxar in Title Suit No.129 of 2006 rejecting the application filed on behalf of the plaintiffs (appellants herein) under Order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure (hereinafter referred to as "the Code") for grant of injunction restraining the defendants from interfering with the peaceful possession of the plaintiffs over the suit land.

(2.) IN short, the facts of the case is that the plaintiffs filed the suit for declaration that three sale deeds executed by the defendant 1st party in favour of the defendant 2nd, 3rd and 4th party with respect to the lands mentioned in Schedules 1, 2 and 3 respectively are forged and fabricated. Further case of the plaintiffs is that the defendant 1st party had no title to execute the sale deeds in favour of the concerned defendants. To the contrary, the plaintiffs have claimed title and possession over the lands in question. The defendants, on the other hand, claimed title after purchase of the lands by the defendant 1st party. During the pendency of the suit, an application under Order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure was filed on behalf of the plaintiffs for restraining the defendants from interfering with the peaceful possession as claimed by the plaintiffs over the suit land.

(3.) CONSIDERING the submissions of the appellants as also in the facts and circumstances of the case, in my opinion, it is expedient in the interest of justice that Title Suit No.129 of 2006 pending in the court of the 1st Subordinate Judge, Buxar be disposed of without delay instead of interfering with the order under appeal.