P. C. :- Heard respective counsel.

2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final hearing.

3. This petition takes an exception to the judgment and order passed by the learned IV Ad-hoc Additional District Judge, Aurangabad in Misc. Civil Appeal No. 149 of 2005, dated 3-9-2005.

4. The petitioner is the plaintiff and respondent is the defendant in Regular Civil Suit No. 108 of 2005. The suit was filed for perpetual injunction. The suit has been followed by an application Exhibit 5 for temporary injunction against defendant under Order XXXIX, Rules 1 and 2 of Civil Procedure Code (CPC). The learned Joint Civil Judge J.D. Paithan, initially i.e. on 16-6-2005 directed adinterim injunction against defendant. Show cause notice with ad-interim injunction was made returnable on 24-6-2005. This application, after hearing the parties, came to be rejected by the trial Court on 16-8-2005. Ad-interim order passed earlier stood vacated. This dismissal of the application Exhibit 5 was challenged by filing Misc. Civil Appeal, which came to be dismissed, after hearing the parties. Said order is questioned in this writ petition.

5. It is alleged by the plaintiff that the plaintiff has purchased the suit property by registered sale deed dated 22-3-2004 from defendant. The property purchased by the plaintiff is to the extent of 40 Ares out of land Gut No. 23, admeasuring 1 hectare and 20 ares. According to the plaintiff, from the date of sale deed, he has been inducted in to the suit property. He refers recital to that effect in the sale deed. According to plaintiff, his name is recorded in record of rights. His possession over the suit property was obstructed on 15-6-2005 and that is how, suit came to be filed with an application for temporary injunction.

6. The defendant, after entering appearance, filed reply to the application Exhibit 5. Copy of the said reply is on record at page 28. After denial, in paragraph No. 10 of the written statement, it is pleaded by defendant that 'the registered sale deed dated 23-3-2004 is not a document of sale. Said document is executed as a security for the loan raised by defendant. It is further pleaded that defendant was in need of money and plaintiff insisted for execution of the sale deed. Defendant was constrained to execute the document in question. The plaintiff was indulged in illegal money lending. To prevent exposure of his illegal money lending, plaintiff refused to enter into any other agreement. Since, defendant was in need of money, he accepted Rs. 15,000/- and executed sale deed. Oral agreement, according to defendant was agreed by the parties. As per the said oral agreement, within the period of three years, defendant was supposed to return the amount of Rs. 30,000/- and plaintiff was to execute reconveyance / re-sale deed of the property in favour of the defendant. One of the terms of the oral agreement was that possession of the suit property is to remain with defendant. During earlier year of the filing of the written statement, there was good crop of cotton in the suit property. Defendant also received good yield of' other crops and has returned Rs. 20,000/- to plaintiff till the filing of the written statement. He also intends to return remaining amount to plaintiff and take back the land as per the said oral agreement. The plaintiff is trying to grab the suit property for a meagre price. The plaintiff has suppressed all these facts and misrepresented this Court, while obtaining ad-interim relief. It is also pleaded that possession of the suit property is with the defendant. It was never handed over to plaintiff. The plaintiff, in collusion with the officers obtained mutation entry in his favour by following illegal procedure. The defendant has applied to the Tahsildar, objecting certification of the mutation. The plaintiff to give counterblast to the defendant, filed this suit. Certification of Mutation Entry No. 851 is illegal and not made by the aut

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