JUDGMENT

Ram Prasanna Sharma, J. -This appeal is preferred under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 against the order dated 23-6-2015 passed by the Additional District Judge, Sarangarh, District Raigarh (CG) in Civil Suit No. 06-A/2015 wherein the application under Order 39 Rule 1 & 2 read with Section 151 of CPC filed by the respondent was rejected.

2. A suit for declaration of title and permanent injunction was filed by the appellants/plaintiffs before the trial court regarding land bearing survey No. 381/1 area 56 decimal and survey No. 717/3 area 36 decimal situated at village Sankara, Revenue Circle Sariya, Tahsil Baramkela, District Raigarh on the ground that the land was purchased by late Sanatan Das in the year 1965 but name of respondent No.2 was mentioned as purchaser in the sale deed as she is wife of Sanatan Das. The land was allotted to appellants by Sanatan Das in partition but property in question was sold by respondent No.2 in favour of respondent No.1 who tried to possess the land that is why suit was filed and an application for temporary injunction was also filed as mentioned above, but the trial court dismissed the same contrary to legal asp