ORDER :

The petitioners being the defendants in an injunctive suit in O.S.No.293/2015 filed by the respondents herein are invoking the writ jurisdiction of this Court seeking invalidation of the order dated 07.10.2017 entered by the learned Senior Civil Judge, Pavagada in respondent’s M.A.No.6/2017 whereby the respondent’s application in IA No.1 filed under Order XXXIX Rule 1 & 2 having been favoured, the petitioners’ application in IA No.2 filed under Order XXXIX Rule 4 has been rejected. After service of notice, the respondent has entered appearance through her counsel and resists the writ petitions.

2. Learned counsel for the petitioners vehemently argues that:

(a) the lower appellate Court fell in error in treating the subject document as a sale deed when it is a deed of mortgage as was rightly held by the trial Court, keeping in view the smallness of consideration for the transaction qua the hugeness of the property comprised therein;

(b) the lower Appellate Court failed to see that even now the original mother deed is still with the petitioners who have again mortgaged the subject property subsequent to the alleged sale deed; the entries in the revenue records still stand in the