IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 24 OF APRIL, 2024 MISC. APPEAL No. 6892 of 2019 BETWEEN:-

DURGAMAL S/O RAMCHANDRA KUMAWAT, AGED ABOUT 68 YEARS, 1.

OCCUPATION: BUSIENSS NURSINGHPURA (MADHYA PRADESH)

ASHOK KUMAR S/O KANHAIYALAL PORWAL, AGED ABOUT 47 YEARS, 2.

OCCUPATION: BUSINESS R/O: NAI ABADI, MANDASAUR (MADHYA PRADESH)

SANJAY KUMAR SINGH S/O RAJSINGH SOLANKI, AGED ABOUT 50 YEARS, 3. OCCUPATION: BUSINESS R/O: -

BHANKWARKUA KE AAGE, AMITESH NAGAR, INDORE (MADHYA PRADESH)

AJAY SINGH S/O RAJSINGH SOLANKI, AGED ABOUT 38 YEARS, OCCUPATION:

4.

BUSINESS R/O: MAHANANDA NAGAR, UJJAIN DIST UJJAIN (MADHYA PRADESH)

SAYEED AHMAD S/O MUSTAK AHMAD, AGED ABOUT 46 YEARS, OCCUPATION:

5.

BUSINESS R/O: NAYAPURA BADNAGAR, UJJAIN (MADHYA PRADESH)

DECEASED MADHOLAL S/O KALURAM PATIDAR THRU. LRS. VIJAY S/O LATE MADHOLAL PATIDAR, AGED ABOUT 50

6.

YEARS, OCCUPATION: AGRICUL . AND MECHANICAL R/O: PRATAPSINGH ROAD , MANDASAUR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI POURUSH RANKA, ADVOCATE)

AND Signature Not Verified SMT. SHAMINA BANO W/O MOHMMAD SHAKIR, AGED ABOUT 47 YEARS, 1. OCCUPATION: AGRICULTURE KHANPURA GATE GUDARI CHOUK (MADHYA PRADESH)

MOHAMMAD SHAHRUKH S/O MOHAMMAD SHAKIR, AGED ABOUT 24 YEARS, OCCUPATION: AGRICULTURE AND

2.

BUSINESS R/O: KHANPURA GATE , GUDARI CHOWK , DISTRICT- MANDASAUR (MADHYA PRADESH)

MOHAMMAD SHAKIR S/O MOHAMMAD SHAFI, AGED ABOUT 53 YEARS, OCCUPATION: AGRICULTURE R/O:

3.

KHANPURA GATE , GUDARI CHOWK , DISTRICT- MANDASAUR (MADHYA PRADESH)

MOHAMMAD ASIF S/O MOHAMMAD SHAFI, AGED ABOUT 44 YEARS, 4. OCCUPATION: AGRICULTURE AND BUSINESS R/O: KHANPURA GATE, (MADHYA PRADESH)

DECD. PIR MOHAMMAD S/O PYAR MOHAMMAD MUSALMAN LRS. MOHAMMAD S/O PIR MOHAMMAD, AGED

5.

ABOUT 42 YEARS, R/O: VILLAGE BUCHKHEDI, TEH. AND DISTRICT MANDASUAR (MADHYA PRADESH)

DECD. PIR MOHAMMAD S/O PYAR MOHAMMAD MUSALMAN LRS. MO. HUSAIN S/O PIR MOHAMMAD, AGED

6.

ABOUT 40 YEARS, R/O : VILLAGE BUCHKHEDI, TEH. AND DISTRICT MANDASAUR (MADHYA PRADESH)

DECD. AJIJ MOHAMMAD S/O FAKIR MOHAMMAD THROUGH LRS. SMT. BANOBEE W/O LATE AJIJ MOHAMMAD, 7.

AGED ABOUT 65 YEARS, OCCUPATION: HOUSE WIFE R/O: KHANPURA , MANDASAUR (MADHYA PRADESH)

DECD. AJIJ MOHAMMAD S/O FAKIR MOHAMMAD THROUGH LRS. KHALIL MOHAMMAD S/O LATE AJIJ MOHAMMAD, AGED ABOUT 45 YEARS, 8.

OCCUPATION: BUSINESS R/O: KHANPURA, MANDASUAR (MADHYA PRADESH)

Signature Not Verified DECD. AJIJ MOHAMMAD S/O FAKIR MOHAMMAD THROUGH LRS. MOHAMMAD HANIF@ RAJA S/O AJIJ

9.

MOHAMMAD, AGED ABOUT 40 YEARS, R/O :KHANPURA, MANDASAUR (MADHYA PRADESH)

DECD. AJIJ MOHAMMAD S/O FAKIR MOHAMMAD THROUGH LRS. MOHAMMAD RAIS S/O LATE AJIJ

10. MOHAMMAD, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURE R/O: KHANPURA MANDASAUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI RISHI AGRAWAL, ADVOCATE FOR RESPONDENTS NO.1 AND 2) This appeal coming on for admission this day, the court passed the following:

ORDER

1] This misc. appeal has been preferred by the appellants/defendants under Order 43 Rule 1 of CPC against the order dated 05/11/2019, passed by First Additional District Judge, Mandsaur in Civil Suit No.07-A/2018 whereby three applications filed by the respondents/plaintiffs for temporary injunction has been allowed in a suit for declaration and injunction.

2] In brief, the facts of the case that that a civil suit for declaration and injunction has been filed by the plaintiffs Smt. Shamina Bano W/o Mohd. Shakir and her son Mohd. Shahrukh on the ground that the brother-in-law of plaintiffs No.1 Mohd. Aasif, thedefendant No.2/respondent no.4 has executed 9 sale deeds in favour of different persons on the basis of a power of attorney which was executed by her husband in favour defendant No.2 on 04/07/2007.

3] The case of the plaintiffs is that prior to 04/07/2007, on Signature Not Verified

29/06/2007, when the husband of plaintiff No.1 was lodged in District Jail, Mandsaur, he had given oral Hiba in favour of his wife in respect of the properties which were in his name and thus, it is contended that defendant No.2 has misused the aforesaid