JUDGMENT

Dama Seshadri Naidu, J. - Introduction:

One person purchases property in 1975. He claims he has purchased whatever his vendor owned. Later, after many years, in 2014, the vendor sells an extent, supposed to be a part of his total property, to another person. Meantime, some collateral litigation also crops up between the first purchaser and the vendor. So the first purchaser sues both the vendor and the subsequent purchaser. He wants the second sale deed declared illegal and also seeks injunction.

2. Does the first purchaser deserve an interim protection? The trial Court says 'yes'; the appellate Court says 'no'. What should this Court say?

Facts:

3. The petitioners are the plaintiffs, and the respondents the defendants in RCS No. 18/2015/C, before the Civil Judge, Junior Division, C-Court, Ponda. The petitioners, in fact, sued the defendants for a declaration and a permanent injunction. They sued in March 2015.

4. The crux of the dispute, I may note, is that the second respondent owned certain immovable property. In April 1975, he sold the property to the petitioners, through a registered sale deed. The sale deed contained neither the survey numbers nor the total extent, bu