SADHNA AND ORS. Vs. CHANDRAKANTA AND ORS.

JUDGEMENT

(1.) THIS misc. appeal is directed against the order dated 19.05.2012 passed by District Judge, Dungarpur on an application under Order 39 Rule 1 and 2 read with section 151 of Code of Civil Procedure.

(2.) BRIEF facts of the case are that respondent Nos. 1 to 3 filed a suit for cancellation of sale deed and permanent injunction against the present appellants while alleging that the land of Khasra No. 1007 situated in City, Dungarpur is in a joint ownership of them and the respondent Nos. 4 and 5, who happened to be the son and daughter of deceased Chandra Govind. It is alleged that though the land in question was in joint ownership of the appellants and the respondent Nos. 4 and 5, the respondent Nos. 4 and 5 illegally sold the said land to the appellants. It is contended in the plaint that since the disputed land has not been partitioned till date, the alleged sale -deed executed by respondent Nos. 4 and 5 in favour of the appellants is illegal and the same may be cancelled.

(3.) THE learned court below, after hearing both the parties, has allowed the said application and by way of temporary injunction, restrained the appellants from alienating the property in question and from raising any construction on the said disputed property till the disposal of the suit. Being aggrieved with this, the appellants have preferred this misc. appeal.