- (1.) The present petition has been preferred under Article 227 of the Constitution of India for quashing the order dated 05.05.2015 passed by learned Additional District Judge, Moga upholding the order dated 20.09.2013 passed by learned Additional Civil Judge (Senior Division), Moga, whereby the application moved by petitioner plaintiffs for ad-interim injunction under Order 39 Rules 1 & 2 of Code of Civil Procedure, 1908 (hereinafter called the 'CPC') has been dismissed.
(2.) Learned counsel for the petitioners contended that Nazar Singh deceased was physically and mentally infirmed. Defendant No.1 has procured the sale deed dated 13.03.2000 allegedly executed by Nazar Singh by way of misrepresentation and undue influence on the pretext of power of attorney. He contended that thereafter defendant No.1 transferred the disputed property in favour of his wife (defendant No.2) by transfer deed dated 06.10.2009. She has further alienated the suit property in favour of respondents No.5 to 10. Learned counsel for the petitioner contended that the appellants-plaintiffs are also the legal heirs of deceased Nazar Singh and had become the owner of the disputed property in equal shares as per the provisions of Hindu Succession Act. He further contended that as per the report of the Local Commissioner, appellant plaintiff Maninderpal Kaur is in possession of the house in dispute. Thus, he pleaded that respondent should be restrained from further alienating the suit property.
(3.) I have duly considered the aforesaid contentions.;