1. Supplementary affidavit filed on behalf of petitioners is taken on record.
2. Heard Shri M.P. Yadav, learned counsel for the petitioners.
3. This petition has been filed challenging the order dated 12.11.2018 passed by the opposite party no.2 contained in annexure no.5 by means of which the trial court has passed the interim order of maintaining the status quo by the parties and the appellate order dated 25.03.2021 passed by the opposite party no.1 contained in annexure no.6 by means of which the miscellaneous civil appeal filed by the petitioners has been dismissed.
4. Submission of learned counsel for the petitioners is that the courts' below have not considered the plea taken by the petitioners in their written statement regarding the title of the executor of the sale deed in favour of the opposite party no.3. On coming to know about the filing of the present suit, the petitioners have filed a suit for cancellation of sale deed which is pending before the civil court. Since the executor of the sale deed had no title therefore he could not have executed the sale deed in favour of the opposite party no.2. Therefore, the impugned orders are not sustainable in the eyes of law and are liable to be set-aside.
5. I have considered the submission of learned counsel for the petitioners and perused the record.
6. The opposite party no.3 has filed a suit for permanent injunction on the basis of registered sale deed executed in her favour. The petitioners have raised an issue of title of the executor of the sale deed. The trial court as well as the appellate court after considering that the opposite party no.3 is claiming on the basis of registered sale deed dated 11.10.2007 and the petitioners on the basis of an agreement dated 04.11.1995, the opposite party no.3 has better title on the basis of registered sale deed, therefore prima facie case and balance of convenience is in favour of the opposite party no.3, accordingly she may suffer irreparable loss and injury.
7. It has also been recorded that none of the parties is residing on the property in question. Therefore, no irreparable loss is going to cast to either of the parties by maintaining the status quo and accordingly the appeal of the petitioners has also been dismissed with a direction for disposal of the suit on priority basis.
8. It could not be disputed that the opposite party no.3 has better title on the basis of registered sale deed. So far as the title of the executor of sale deed is concerned, it can be decided in the suit filed by the petitioners for cancellation of sale deed, which is pending.
9. In view of above, this Court is of the view that there is no illegality or error in the impugned orders. This petition has been filed on misconceived grounds and it lacks merit. It is, accordingly, dismissed.
.............................................................(Rajnish Kumar,J.) Order Date :- 27.8.2021 Haseen U.