JUDGMENT :

1. The instant Civil Miscellaneous Petition has been filed under article 227 of the Constitution of India for setting aside the Judgment dated 30.06.2023 (Annexure 9) passed in Civil Misc. Appeal No.03 of 2022 by the learned District Judge-III, Latehar and also the order dated 11.03.2022 passed in Civil Misc. Application No. 02 of 2022 arising out of Original Suit No. 01 of 2022 by the learned Civil Judge (Sr. Division)-I, Latehar whereby the learned courts below have rejected the application of petitioners/ plaintiffs under Order 39 Rule 1 & 2 CPC for the temporary injunction.

Factual Background of the Case

2. Petitioners/Plaintiffs have filed the Original Suit No. 01 of 2022 claiming following reliefs:-

(a) To declare the Gift Deed No. 1671 dated 03.12.1998 made by the present respondent no. 4 Krishnadeo Pandey in favour of respondent no. 2 Sarita Devi as illegal, null, void ab initio and not binding upon the plaintiffs and further that the said gift deed may be cancelled.

(b) To declare the sale deed no. 364 dt. 08.02.2021 executed by the respondent no.2 Sarita Devi in favour of respondent no.1 Gita Real States Ltd. Through its Proprietor Vivek Kumar as illegal, null, void