1. We have heard Shri S.O.P. Agarwal for the plaintiff - appellant. Shri Shashi Nandan assisted by Shri Anoop Trivedi appears for the defendant - respondents.

2. This First Appeal From Order arises out of an order passed by the Civil Judge (Senior Division) Ghaziabad dated 24.12.2010 in OS No. 2343 of 2010 Sheoraj v. M/s Accord Infrastructure Pvt. Ltd. rejecting the application for interim injunction, after hearing the parties.

3. The plaintiff - appellant has filed an Original Suit No. 2343 of 2010, for permanent injunction restraining the defendants - respondents to construct road or building, taking exclusive possession and for interfering in the joint possession and use of the land in Khasra No. 292 area 0.2780 hec. and plot No. 274 area 0.2530 hec. in village Mahrauli Pargana Dasna, Tehsil and District Ghaziabad.

4. It is alleged in the plaint that the plaintiff along with his brothers Bhagwant Singh and Satveer Singh were the joint owners and in possession of the property. His brothers have sold their two - third share to defendant Nos. 1 to 3. There has been no partition in the family between the brothers and that the property continues to be in joint possession of the plain