GULAB Vs. SAMAY BAI

JUDGEMENT

(1.) The present appeal is filed by the appellant-plaintiff under Order XLIII Rule 1(R) of CPC, challenging the order dated 29/07/2010 passed by the Additional District Judge, Gangapurcity, Sawai Madhopur (hereinafter referred to as 'the Trial Court'), whereby the Trial Court has dismissed the application being Temporary Injunction Application No. 16/2009 filed under Order XXXIX Rule 1 and 2 of CPC.

(2.) In the instant case, it appears that the appellant-plaintiff has filed the suit seeking cancellation of the registered sale deed dated 19/06/2002 in respect of the agriculture lands in question, on the ground that the said sale deed was got executed by the respondent-defendant fraudulently, when the said lands were mortgaged with the Bhoomi Vikas Bank for the loan taken by the appellant-plaintiff. The appellant-plaintiff had also filed an application seeking temporary injunction under Order XXXIX Rule 1 and 2 of CPC, which was opposed by the respondent-defendant by filing the reply contending inter-alia that the son of the appellant had also executed another sale deed on the same date when the present sale deed was executed by the appellant in favour of the respondent-defendant, and that the defendant having been put in possession of the said land pursuant to the said registered sale deed, the Temporary Injunction Application was liable to be rejected. The Trial Court, after considering the submissions made by the learned counsels for the parties, dismissed the said application vide the impugned order, against which the present appeal has been filed.

(3.) It has been sought to be submitted by the learned counsel Mr. Amit Jindal for the appellant that the revenue proceedings were going on between the parties, and the Revenue Court had directed the parties to maintain the status-quo, and therefore the suit was filed in 2009. According to him, the sale deed in-question was got executed fraudulently by the respondent No.2, taking undue advantage of the appellant being illiterate, and old widow lady.