1. They are heard on I.A. No. 1679/2017, an application under Order XXXIX rules 1 and 2 read with section 151 of CPC, whereby the appellant / defendant seeks interim injunction on the contention that he being in possession of the suit property, this possession may not be disturbed, failing which he would suffer from irreparable injury.

2. Prayer is opposed on behalf of respondent.

3. It is urged that specific finding has been recorded by the trial Court as well as by first appellate Court as regard to possession of respondent / plaintiff over the suit property and in case if the application is allowed, the respondent / plaintiff will suffer an irreparable injury which will be irretrievable.

4. Heard the parties at length.

5. The suit at the instance of respondent was for declaration and permanent injunction and for declaration that the will in respect of suit property bearing survey No. 320/2012 ad-measuring 2 hectares be declared as fabricated. The trial Court besides framing the issue qua the declaration and permanent injunction also framed an issue on the defence taken by the present appellant that as regard to possession of the parties over the suit property as issues No.1 an