PAWAN KUMAR GADODIA Vs. RADHA DEVI

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed on behalf of the plaintiffs against order dated 18.1.2007, by which the learned Subordinate Judge, 8th Court, East Champaran, at Motihari rejected the application filed by the plaintiffs for grant of injunction against the defendants (respondents) for restraining them from transferring the suit properties and from raising any construction over the same and from changing its nature till the disposal of the suit bearing Title Suit No. 471 of 2004.

(2.) THE aforesaid title suit was filed by the plaintiff -appellants for declaration that the three deeds of gift dated 24.11.1998 and 6.11.2004 executed with respect to the suit property measuring about 2 kathas by defendant no. 3 in favour of defendant no. 1 were void and illegal and also for confirmation of the plaintiffs&apos joint possession -over the suit property with the defendants and also for restraining them from transferring and making construction over the suit lands.

(3.) LEARNED counsel for the appellants further submitted that defendant no. 3 along, with plaintiff no. 1 and defendant no. 2 filed P.S. No. 194 of 1989 against the said Ram Pukar Singh and his sons for partition of their moiety share in the said property and for other reliefs, but the said suit was dismissed by the learned Subordinate Judge, 3rd Court, Motihari, by judgment and decree dated