Shree Chandrashekhar, J. - (1.) The petitioner, plaintiff in Title Suit No.13 of 2015, is aggrieved of order dated 20.09.2017 passed in Misc. Appeal No.1 of 2016 by which the appellate court has affirmed order dated 25.02.2016 passed by the trial court declining the application for injunction.
(2.) Plea taken by the plaintiff is that sale-deed in respect of the suit land was executed by his father without seeking permission under section 8(2) of Hindu Minority and Guardianship Act and while so, the sale-deed dated 18.12.2006 is null and void and not binding on him.
(3.) The trial Judge by an order dated 25.02.2016 has recorded a finding that the plaintiff has not been able to make out a prima-facie case and balance of convenience is also not in his favour. The application for injunction was declined by the trial Judge primarily on the ground that father of the plaintiff who has been arrayed as defendant no.3 in the suit has executed a sale-deed in favour of the defendant nos. 1 and 2. These findings have been affirmed by the appellate court. Holding that the defendant nos.1 and 2 are purchasers who are in possession of the suit land by virtue of sale-deed dated 18.12.2006, the appellate court has dismissed Misc. Appeal No.1 of 2016 preferred by the plaintiff challenging order dated 25.02.2016 passed in Title Suit No.13 of 2015.;