MANGALRAM Vs. SUNIL KUMAR

JUDGEMENT

(1.) With the consent of the parties, this appeal is being decided at the admission stage itself.

(2.) Aggrieved by the order dated 26-10-2007 passed by the Additional District Judge No. 1, Bharatpur, whereby the learned Judge dismissed the temporary injunction application filed by the Appellants, the Appellants have approached this Court.

(3.) The learned Counsel for the Appellants has contended that the suit was filed for declaration and permanent injunction whereby the Appellants had sought that the registered sale deed dated 12-9-2007 executed between Defendant Nos. 2 and 3 and Defendant No. 1 should be declared as ineffective and the said sale deed should be cancelled. Moreover, the possession of the land should be handed back to the Plaintiffs. Despite the fact that there was a specific prayer for handing back the possession of the land, the learned Judge has not directed the parties to maintain status quo. Thus, the learned Judge has not prevented the Respondents from alienating the property to a third party. According to the learned Counsel, in case third party's rights are created, during the pendency of the suit, it would lead to further complications and would give rise to further litigation.