CRP 502/2010 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY The order dated 18.09.2010 passed by the learned Civil Judge, Senior Division, H ailakandi in Misc. Appeal No.4/2010, thereby vacating the ad-interim restraint o n the respondent clamped by the learned trial Court is the subject matter of cha llenge in the instant petition under Article 227 of the Constitution of India re ad with section 151 of the Civil Procedure Code (hereinafter for short referred to as the Code). I have heard Mr. P.K. Deka, learned counsel for the petitioner assisted by Ms. R . Dewan, Advocate and Dr. B. Ahmed, learned counsel for the opposite party assis ted by Mr. N. Haque, Advocate. The facts, in brief, leading to the filing of the instant petition are that the petitioner herein instituted Title Suit No.120/2009 against the opposite party praying for a decree, inter alia for declaration of her right, title , interest in and possession over the suit land described in the plaint. According to her , she has purchased the same from her husband Suruj Ali Majumdar (Defendant No.5 ) and claimed to be in possession of the suit land on the basis of agreement of sale deed dated 08.10.2008. She also asserted to have paid an amount of Rs.30, 000/- as a part of the consideration price in advance. She averred that the De fendant No.5 on 14.04.2009 executed a sale deed vis-à-vis the suit land which wa s eventually registered on 14.07.2009. She having come to learn, thereafter tha t her husband had sold the suit land again to the Opposite Party No.1 & 2 vide s ale deed dated 29.05.2009, who thereafter by deeds dated 21.07.2009 had conveyed the same to the Opposite Party No.4, instituted the suit seeking the above reli efs alleging that in the attendant facts and circumstances, an order of temporar y injunction was called for to prevent the opposite party from possessing the su it land. She filed an application to this effect which was registered as Misc. C ase No.63/2009. The Opposite Party No. 1 to 3 filed their written objection asserting valid tit le in the suit land on the basis of the sale deeds dated 29.05.2009 and 21.07.20 09 and staked their possession thereof. The learned trial Court vide order date d 10.05.2010 on a consideration of the pleadings of the parties, granted interim /temporary injunction restraining the opposite party, their agents from disposse ssing the petitioner from the suit land. Being aggrieved, the opposite party pr eferred an appeal being Misc. Appeal No.4/2010, which by the order impugned here in was allowed and the interim order of injunction was vacated. Mr. Deka has urged that the learned lower appellate Court erred in law and on fa cts in vacating the order of injunction on the ground that the petitioner’s sale deed had been registered at a point of time later than that of the opposite Par ty No.1 and 2. Referring to Section 47 of the Registration Act, 1908 (for short referred to as the Act) he argued that as it is evident from the materials on r ecord that the sale deed of the petitioner had been executed on 14.04.2009 i.e. prior to that of the opposite Party No.1 and 2, the subsequent registration ther eof on 14.07.2009 is of no significance. As the sale deed of the petitioner is t o be traced back to the date of its execution i.e. 14.04.2009, no valid title in the suit land, in any view of the matter stood transferred in the opposite part y No.1 and 2 on the basis of the sale deed dated 29.05.2009 and thus the impugne d judgment and order being patently illegal is liable to be set aside. On instr uctions, the learned counsel urged that as the petitioner is presently in posses sion of the suit land, in order to preserve the same for all intents and purpose s, the interim order of injunction granted by the learned trial Court ought to b e restored. In support of the arguments Mr. Deka has placed reliance inter alia on the de cision of the Apex Court in (2002) 2 SCC 611 - Gurbax Singh v. Kartar Singh and Ors. and (2006) 10 SCC 96 - A. Jithender Nath v. Jubilee Hills Coop. House Build ing Society and Anr. Dr. Ahmed, in reply, has argued placing reliance on the decision of a Constituti on Bench of the Apex Court in Ram Saran Lall and others, v. Mst. Domini Kuer and others - AIR 1961 SC 1747 that Section 47 notwithstanding, the sale deed of the petitioner would convey if at all, right, title, interest in the suit land, if still available with the Defendant No.5, in her favour only on and from the date of registration thereof i.e. 14.07.2009. As admittedly, the sale deed of the o pposite Party No.1 and 2 had been executed and registered earlier i.e. 29.05.200 9, the learned lower appellate Court rightly recorded absence of any prima facie case in her favour and thus, the impugned order needs no interference at this e nd. He, too on instructions submitted that the opposite party are presently in possession of the suit land. Upon hearing the learned counsel for the parties and on a consideration of the m aterials presently available on record, this Court is of the view that any obser vation made by it on the contentions raised before it on merits would have the i mpact of prejudging the issues awaiting adjudication before the learned trial Co urt. Both the parties claim right, title, interest in and possession of the sui t land and it would be only at the end of full dress trial that a determination can be conclusively made as to their respective entitlements. In this perspecti ve, this Court for obvious reasons refrains from making further comment on the a uthorities cited at the Bar by the parties. Having regard to the underlying objective of the grant of injunction in a suit i nvolving immovable property, this Court in the above factual premise considers i t appropriate to dispose of the instant petition by directing the parties to mai ntain status-quo of the suit land, as on date, until further order(s) that may b e passed by the learned trial Court depending on the future exigencies if need b e. Ordered accordingly. The learned trial Court having regard to the contentious stands of the parties w ould make an endeavour to dispose of the suit expeditiously, without however bei ng influenced by any observation or statement made in the present order. No cos ts.