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Judgment
Thottathil B. Radhakrishnan, CJ
This appeal arises from the suit for declaration of title and ancillary reliefs. The Plaintiffs have instituted this appeal challenging the refusal of the Court below to grant an order of temporary injunction protecting their alleged possession.
Hearing the learned counsel for the Appellants and the learned counsel for the Defendants, it is seen that the appeal was instituted by two plaintiffs of whom Shankerlal, the 1st Appellant is no more. Ramesh Kumar/ 2 nd Appellant is son of Shankerlal/1st Appellant. Shailbala/ 1 st Defendant is the widow of Ganesh Gupta, a predecessor son of Shankerlal/ 1 st Appellant. Shailbala/ 1 st Defendant asserts that the property belongs to her. The declaration that is sought for is against the transactions entered into by the 1 st Defendant.
The learned counsel for the Appellants submitted that the Defendants may be prohibited through an order of temporary injunction from further alienating the property. Such an order is not available on the facts of the case in hand, more particularly, in view of the fact that any such transactions would also be governed by the doctrine of lis pendens. On the one hand, is the Plaintiff who asserts possession vis-a-vis a near relative who is alleged to have transferred property to strangers. Protective orders of temporary injunction to preserve alleged possession would not be extended in cases where the question of possession is itself doubtful. Obviously, the doctrine of lis pendens would govern such litigations.
The impugned order of the Court below was issued on 26.06.2014. Through that order, the Trial Court dismissed the application for temporary injunction. No temporary injunction or other protective order was issued by this Court during the pendency of this appeal. Hence, I do not see any prima facie a case to grant any order of temporary injunction or other protective order at this point of time. The balance of convenience is also in favour of preserving the present situation to continue and leave the parties to enjoy the fruit of litigation in the final go.
Subject to the aforesaid this appeal is dismissed.