JUDGMENT

Anil Kshetarpal, J. (Oral)

The petitioners before this Court are the defendants in plaintiffs suit for grant of decree of permanent injunction restraining them from raising construction. There is a serious dispute between Sh. Satyavir Singh and Smt. Birmati on the one side and Smt. Saroj Kumari and her son Sh. Himanshu on other side. Smt. Saroj Kumari is daughter-in-law of Sh. Satyavir Singh and Smt. Birmati. The total land holding of the family is 122 kanal and 2 marlas located in village Jhojhu Kalan, Tehsil and District Charkhi Dadri. In the beginning, Sh. Narender son of Sh. Satyavir Singh executed a transfer deed on 21.01.2021 in favour of his father Sh. Satyavir Singh with respect to 27 kanal and 1.80 marlas. Subsequently, Sh. Satyavir Singh transferred the land measuring 71 kanal and 7.16 marlas in favour of his son Sh. Narender and to the extent of 16 kanal and 3.20 marlas and 55 kanal and 33.26 in favour of his grand-son Sh. Himanshu. On 19.03.2021, Smt. Birmati wife of Sh. Satyavir Singh sold land measuring 27 kanal and 1.8 marlas in favour of Sh. Kabul Singh and Smt. Monika for the amount of Rs.61,000/- Thereafter, on 29.01.2021, Sh. Satyavir Singh and Smt. Birmati is stated to have entered into an agreement to sell in favour of Sh. Kabul Singh with respect to the land around 58 kanals. On 12.04.2021, Sh. Satyavir Singh has executed a sale deed in favour of Sh. Kabul Singh, pursuant to the agreement to sell dated 29.01.2021. Sh. Kabul Singh and Smt. Monika in turn has sold the property in the shape of various small plots in favour of the petitioners, who are defendants. The detail of the sale deeds are as under:-

"Vide Sale Deed No.772 dated 27.04.2021, 0 Kanal 5.50 Marla i.e. 166.66 square yards purchased by defendant No.1 and Sale Deed No.773 dated 27.04.2021, 0 kanal 3.33 Marla i.e. 100 square yards purchased by defendant No.2 and Sale Deed No.774 dated 27.04.2021, 0 Kanal 9.70 Marla i.e. 294 square yards, purchased by defendant No.3 and Sale Deed No.775 dated 27.04.2021, 0 Kanal 5.30 Marla i.e. 160 square yards, purchased by defendant No.4, Sale Deed No.776 dated 27.04.2021, 0 Kanal 8.80 Marla i.e. 266.66 square yards, purchased by defendant No.5 and Sale Deed No.777 dated 27.04.2021, 0 Kanal 5.84 Marla i.e. 176.54 square yards, purchased by defendant No.6 and Sale Deed No.778 dated 27.04.2021, 0 Kanal 8.80 Marla i.e. 266.66 square yards, purchased by defendant No.7 and Sale Deed No.779 dated 27.04.2021, 0 Kanal 8.80 Marla i.e. 266.66 square yards, purchased by defendant No.8."

2. Sh. Satyavir Singh has filed a petition under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, challenging the transfer of land in favour of Sh. Narender and Sh. Himanshu vide transfer deed dated 18.03.2021. Sh. Satyavir Singh also filed a separate suit for the grant of injunction against Smt. Saroj Kumari and Sh. Himanshu, in which injunction was granted, however, the same was dismissed.

3. While deciding application under Order XXXIX Rule 1 and 2, the trial Court refused to grant injunction restraining the petitioners, who are small plot holders from constructing their buildings. However, the First Appellate Court has set aside the order passed by the trial Court and restrained the petitioners to carry on with the construction.

4. On 14.10.2021, this Court has permitted the petitioners to continue with the construction but it shall be subject to the final outcome of the revision petition. The learned counsel representing the parties admit that the major part of the construction has already been completed. It has also been brought to the not