MOST BINDIA DEVI Vs. SADASHIV PANDA

JUDGEMENT

(1.) Heard Mr. Jai Prakash Jha, Counsel for the appellants assisted by Mr. Aishwarya Prakash and Mr. Shree Prakash Jha, Advocates appearing on behalf of the appellants.

(2.) Heard Mr. Rajiv Sinha, Counsel appearing on behalf of respondent no. 1 assisted by Mr. Ayush Aditya and Mr. Munna Kumar, Advocates.

(3.) Counsel for the appellants submits that the instant proceeding arises out of Title Suit No. 206 of 1996. The said title suit was filed for a declaration of right, title and interest over the suit property and also for setting aside sale-deed dated 25.02.1992 executed by Most. Batashi Devi (defendant second party in the original suit) in favour of Sadashiv Panda and Nageshwar Panda (defendants first party). The plaintiffs also prayed for yet another relief of recovery of possession and permanent injunction restraining the defendants from transferring the suit property in any manner. In the said title suit, the plaintiffs/petitioners filed an application under Order XXXIX Rule 1 C.P.C. praying for injunction and subsequently, an application under Order XL Rule 1 C.P.C. was filed by the petitioners for appointment of receiver as it was alleged that the defendants were alienating the suit property. This application under Order XL Rule 1 C.P.C. was rejected by learned Subjudge, Dumka on 27.07.1998, against which the plaintiffs filed Civil Miscellaneous Appeal No. 1 of 1999, which was transferred to the 1st Additional District Judge, Dumka.