JUDGMENT

T.S. Thakur, J. —

1. This appeal by special appeal arises out of a judgment and order dated 25th February, 2003, passed by the High Court of Madhya Pradesh at Jabalpur, Gwalior Bench, whereby Second Appeal No.230 of 1995 filed by the appellants-plaintiffs was allowed but only in part and to the extent of granting a decree for injunction restraining the defendants-respondents from interfering with the possession of the appellants over the suit property till such time the said property is partitioned between them through the competent Revenue Court concerned. The facts necessary for disposal of this appeal may be briefly stated as under:

2. Late Shri Raj Kishore the predecessor-in-interest of the plaintiffs-appellants herein owned jointly with his brother defendant-respondent no.2 Shri Jugal Kishore agricultural land situate in different survey numbers of village Morasa, Tehsil Kurwai in the State of Madhya Pradesh. In terms of a sale-deed executed and registered on 6th July, 1974 by Shri Raj Kishore an extent of 14 bighas and 15 biswas of the land aforementioned from out of survey nos. 436, 439/1 and 441 was transferred to the defendant-respondent no.1 for a sum of Rs.6,000