SUNDER LAL BHATIA Vs. CHARAN LAL BHATIA

JUDGEMENT

(1.) The dispute in this appeal relates to rejection of an application for temporary injunction filed by the appellant in civil suit pending before the trial Court. Sale - deed dated 17-8-06 executed in respect of land measuring 2 kanals and 10 marlas of land situated in survey No. 985/min in village Deeli Tehsil and District Jammu, has been challenged before the Court below. The claim of appellant rests on the facts that 6 kanals and 10 marlas of land situated in the aforementioned survey number, is in his adverse possession and his dispossession by resorting to forcible means has been initiated by the respondents.

(2.) A civil suit has been filed by the appellant seeking .injunction against the respondents in respect of 6 kanals and 10 marlas of land before the Court below, in which an order of status quo has been passed. During the pendency of interim direction, respondents 1 to 3 have executed a sale deed in respect of 2 kanals and 10 marlas of land in favour of respondent 2. This impelled the appellant to file another suit seeking cancellation of the aforementioned sale deed before the Court below. An application for grant of temporary injunction was also filed, which has been rejected. It is under these circumstances, the present appeal has been filed.

(3.) I have heard the learned counsel for the parties.