Jaswant Singh, J. - (1.) THIS is a petition under Article 227 of the Constitution of India for setting aside the orders dated 15.9.2007 passed by the learned Civil Judge (Senior Division) Sonepat and dated 4.6.2008 passed by the learned District Judge, Sonepat, whereby the application of the petitioners under Order 39 Rules 1 and 2 read with Section 151 CPC for ad interim injunction against respondent No. 1/defendant Smt. Kailash Devi, from alienating the suit property or creating charge over it in any manner, whatsoever, during the pendency of the suit, has been dismissed. Further prayer is for grant of interim injunction restraining the said respondent for alienating the suit property during the pendency of the suit.
(2.) THE petitioners -plaintiffs, who are still minors, have filed a suit through their mother Smt. Rajesh wife of Pardeep as next friend against the respondents -defendants Smt. Kailash Devi and their father Pardeep Kumar for declaration with joint possession with consequential relief of permanent injunction. Their case is that their father/respondent -defendant No. 2, Pardeep Kumar who was recorded as owner of the suit property could not have sold suit property (15 kanals 16 marlas) to respondent/defendant No. 1 Smt. Kailash Devi as per sale deed No. 4458 dated 4.11.2003 without consideration and legal necessity since the said suit property was ancestral and they constituted a Joint Hindu family as a Karta. It was considered before the Courts below by the respondent/defendant No. 1 Smt. Kailash Devi that she is a bona fide purchaser and had acquired possession with ownership rights by paying consideration amount of Rs. 10.52 lacs to the owner -Pardeep Kumar -respondent/defendant No. 2. It was further contended that neither land in dispute is ancestral in nature nor petitioner -plaintiffs constituted a coparcenary with vendor -Pardeep Kumar, their father.
(3.) I have heard learned Counsel for the petitioners and perused the paper book.;