1 S.B. Civil Misc. Appeal No.2321/2007 Smt. Narbada. vs. Leela Dhar & Ors. S.B. Civil Misc. Appeal No.2321/2007 Smt. Narbada. vs. Darshan Singh and others. Date : 8.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.RS Mankad, for the appellant. Mr.Pradeep for Mr.BL Choudhary, for the respondents. - - - - - Heard learned counsel for the parties. The plaintiff/appellant is aggrieved against the order dated 27.8.2007 by which the appellant's injunction application was dismissed by the trial court. According to the appellant's own case, the sale deed was in favour of appellant's own father who is respondent no.1. This sale deed was executed as back as on 28.6.1982. Before this suit, the appellant filed a mere suit for injunction against her father/respondent no.1 and also submitted an application for interim order of injunction. That injunction application was dismissed by the trial court vide order dated 3.1.2004 2 S.B. Civil Misc. Appeal No.2321/2007 Smt. Narbada. vs. Leela Dhar & Ors. against which she preferred an appeal. According to the appellant, during the pendency of the said appeal, the land in question was sold for a consideration of Rs.1,50,000/-. According to the appellant, she is in possession of the property in dispute but since she found that the property has been sold during pendency of litigation, she thought it fit to file the suit for cancellation of sale deed etc. and, therefore, she withdrew her earlier suit and filed this fresh suit. In this suit, the injunction application was dismissed after observing that the appellant has challenged the sale deed after about two decades. The trial court was of the view that there is no prima-facie case in favour of the appellant nor there is balance of convenience in her favour. Learned counsel for the appellant submitted that the dispute between the appellant and her father was due to nata marriage of the appellant and, therefore, her father (respondent no.1) got the sale deed registered in his name in place of the appellant's name. Since the sale deed was executed in the year 1982 and this fact is not dispute that the sale deed has 3 S.B. Civil Misc. Appeal No.2321/2007 Smt. Narbada. vs. Leela Dhar & Ors. been challenged in the year 2003 which is belated and looking to the totality of the facts, I do not find that the trial court has committed any error of fact or law in dismissing the application of the appellant. In view of the above, I do not find any merit in the appeal. Consequently, this appeal is dismissed. The stay petition is also dismissed. (PRAKASH TATIA), J. S.Phophaliya