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Judgment
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Heard on I.A.No.12428/2018 application under Order 39 Rules 1 and 2 of C.P.C.
The judgment and decree of the trial Court, by which declaration of 1/3rd share in the suit property in favour of plaintiffs, was reversed by the appellate Court by observing that the suit of plaintiffs was time barred.
Learned counsel for appellants submits that appellants have apprehension that defendants may dispossess them or create 3rd party interest in the disputed property. In support of the application they have filed affidavit.
Learned counsel for respondents/defendants have not filed any reply of the application, despite several opportunities.
In view of aforesaid, prima facie case is made out in favour of plaintiffs, as there is possibility of irreparable loss and balance of convenience is also in their favour.
It is directed that the defendants shall not alienate or create any third party right in the suit property and with regard to the possession of suit property, both the parties shall maintains status-quo as it exists today.
C.C., as per rules.