JUDGEMENT
Hemant Gupta -
(1.) The plaintiffs are in revision petition aggrieved against the
orders passed by the Courts below, whereby their application for
grant of
ad-interim injunction, was declined.
(2.) It is the case of the plaintiffs that Defendant Nos. 7 to 9 have
sold their entire share to the plaintiffs on 7.6.2002 and, therefore, the
petitioners are entitled to protect their possession in respect of the
portion
falling to the share of Defendant Nos. 7 to 9 in an instrument of
partition
finalised on 29.4.1999.
(3.) The learned first Appellate Court has found that Sanad
Takseem i.e. Instrument of Partition was prepared and execution with
regard to the partition is still pending. It has been further found that
the
whole of the disputed land, was not allotted to Defendant Nos. 7 to 9
in
partition proceedings, therefore, it was concluded that the possession
of the
disputed property will be given to Despondent Nos. 1, 7, 8 and 9 in
execution of the partition proceedings.;
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