KHURSHID AHMAD FAZILI Vs. STATE

JUDGEMENT

(1.) A Civil Original Suit is filed by the plaintiffs (respondents 1&2 herein) against the defendants (appellants herein), which came to be amended with the prayer for issuance of decree of cancellation of sale deeds with further prayer for possession of suit property. It is also prayed that a decree for permanent injunction be also passed against the appellants defendants, directing them to pull down the structures raised on the suit land for effective and smooth handover of suit land to plaintiffs or in the alternative a decree for dissolution of partnership and rendition of accounts be passed in favour of the parties after the Hon'ble Court holds the capital investment raised through transfer of land as an investment in the partnership.

(2.) Alongside the suit, the plaintiffs also filed an application praying therein that pending disposal of the suit, the appellants defendants 1&2 be restrained from alienating or parting with the subject matter of the suit.

(3.) After hearing the learned counsel for the parties, the learned trial Judge, vide its order dated 20-12-2004 observed as under :