HIGH COURT OF CHHATTISGARH: BiLASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. Appeilants Plaintiffs -^ -'-'" "IftS Respondents Defendants I.A.No.111oT20( 1. DharmdwaJ, S/o Shyamdas Sahu, aged about 36 years 2. Tumandas, S/o Shyamdas Sahy, aged about 38 years 3. Damandas, S/o Shyamdas Sahu, aged about 31 years 4. Neelambar Das, S/o Shyamdas Sahu, aged about 29 years Sl. No.1 to 4 R/o Viliage Phool Sundari, P'ost Pjnkapar, Tah. Dondilohara, Distt. Durg (CG) 5. Ahilyabai, W/o Leelarsingh, aged about 43 years, Clerk, Higher Secondary School, Bortalab, District Raipur (CG) 6. Pushpabai, S/o Shyamdas, W/o Kunjlal Sahu, aged about 40 years, R/o Risali Sector, Qr. No.174-E, Bhilai, District Durg (CG) 7. Tominbai, W/o Kamlesh Kumar aged about 23 years, R/o Village Asra, Post Kokpur, Tahsil Dongargaon, Distt, Rajnandgaon 8. Neelkunvar, Widow of Shyamdas, aged about 64 years, R/o Phoolsundari, Tahsil Dondilohara, Distt. Durg (CG) 9. Sudarshandas, S/o Balakdas Sahu, aged about 50 years, Agrioulturist and R/o Village Phoolsundari, Tahsil Dondilohara, Distt. Durg (CG) at present at Village Kanharpuri, Tahsil and Distt. Rajnandgaon (CG) , Versus 1. Premwati, D/o Chunudas, aged about 70 years, W/o Abhayram, R/o Viltage Kanketara, Post Bori, Tahsil and District Rajnandgaon (CG) 2. Neelkamal, S/o Goverdhan, aged about 17years, Minor 3. Bhupendra S/o Goverdhan, aged about 15years, Minor, 4. Keshav, S/o Goverdhan, aged about 13 years, Minor 5. Harish Kumar, S/o Goverdhan, aged aboyt 7 years, Minor, respondents 2 to 5 through their natural guardian, father Goverdhanlal, S/o Sukla, R/o Village Phoolsundari, P.C. No.6, R.C. Khertha, <? / s- ^ Tahsil Dondilohara, Distt. Durg (CG) 6. Babulal, S/o Samaruram, aged about 66 yeare, R/oVillage Singhdai, Post Mohara, Tahsit and District Rajnandgaon (CG) 7. Punaram, S/o Moolchand Satnami, aged about 23 years, R/o Village Phoolsundari, Post Pinkapar, Tahsi! Dondilohara, Distt. Durg (CG) 8. Nivesh Kumar, S/o Laxminarayan Sahu, aged about 10 years, IVIinor through Natural guardian father Shri Laxminarayan Sahu, R/o Village Patora, Tahsil and Distt. Rajnandgaon (CG) 9. Devendra, S/o Laxminarayan Sahu, aged G father Shri Laxminarayan Sahu, R/o Vi!lage Patora, Tahsil and Distt. Rajnandgaon (CG) 10. Lalluram, S/o Rameshar Kumhar, aged about 35 years, R/o Village Pinkapar, Post Pinkapar, Tahsil Dondilohara, Distt. Durg (CG) 11. Sukaluram; S/o Jethuram Kumhar, aged about 28 years, R/o Village Pinkapar, Post Pinkapar, Tahsil Dondilohara 12. Abhayaram, S/o Laxmandas Sahu, aged about 75 years, R/o Village Kanketara, Post Bori, Tahsil and District Rajnandgaon (CG) 13. State of Chhattisgarh through Collector, Durg (CG) Appeal under Order 43 Rule 1 (r) of e CPC Present: Shri B.P. Gupta, counsel for the appellants. Shri P.R. Patankar, PLforthe State/respondent No.13. ORAL ORDER (Passedon 01.12.2008) Heard on admission. -''-" "tel .. (2) The appellants are aggrieved by the order dated 06.11.2008 passed bythe Additional District Judge, Balod, Distt. Durg in civil suitNp.19;A/2004, whereby an applicafion under Order 39 Rule 1 & 2 ,filed by the appellants/plaintiffs was dismissed. (3) Having heard the submission of the learned counsel. for the appeilants, 1 have perused the impugned order. Learned Additional District Judge has refused injunction on the following grounds:- ___ __- <3"^i—'3. 3- Priya A? a deoree for declaration of the title over the suit land was passed in favour of defendant Premwati in civi] suit No.77-A/2003, whioh has attained finality, B/ that, Premwati was the recorded owner of the suit land and C/ Premwati was prima faoie in possession of the suit land. (4) So far as the arguments advanced by the learned counsel for the appellants that the suit lands are likely to be alienated during pendericy of suit, the learned Additionai District Judge has rightly observed that any such transaotion shall be governed by the principle of ft's pendence under Section 52 ofthe Transfer of Property Act. (5) There is thus no merit in this appeal, whioh is aocprdingly dismissed at the stage of admission. Dilip Raosalieb Deshmukh Judge -;^° f~^.