KERA RAM Vs. MOHAN LAL

JUDGEMENT

(1.) THIS miscellaneous appeal has been brought by defendants No. 3 and 4 challenging the validity of order dated 10.7.2009 passed by Addl. District Judge (Fast Track) No. 2, Jodhpur in Civil Misc. Case No. 72/2007, whereby, the trial Court allowed application filed by respondent -plaintiffs under Order 39 Rules 1 and 2, C.P.C.

(2.) RESPONDENT -plaintiff Mohanlal filed suit in the trial Court for cancellation of sale -deed and permanent injunction in respect of land in dispute. Respondents plaintiff Mohanlal pleaded in the suit that he has 13 bigha 3 biswa land in village Tanavada (Mogada), Khasra No. 42/2, out of which, he executed power of attorney in favour of defendant No. 2 as per saying of defendant No. 1. For the said purpose, stamp was brought by defendant No. 3. Later on, however, the plaintiff found that defendants No. 1 to 3 have conspired together and instead of 3 bigha land, power of attorney has been forged in favour of defendant No. 2 in respect of 5 bigha land and, on that basis, defendant No. 2 on behalf of the plaintiff -respondent sold 1 bigha 10 biswa land in favour of defendant No. 1 and defendant No. 4 has illegally started raising construction on the said land. Plaintiff claimed that he is in possession over the disputed land. On these pleadings, the plaintiff filed application under Order 39 Rules 1 & 2, CPC along with the suit praying for temporary injunction.

(3.) AS per learned Counsel for the appellant, reasons are required to be recorded for the purpose of satisfaction of the prima facie case. For the same, learned Counsel for the appellant has placed reliance upon the following judgments.