matter requires full-fledged trial. However, when the work is at the stage of foundation, I am of the opinion that it is not a fit case to grant an order of temporary injunction and the Trial Court rightly rejected the application assigning reasons and the very contention that even after remand also, the Trial Court not considered the matter cannot be accepted and the Trial Court while arriving at a conclusion, even taken note of the issue involved between the parties, particularly with regard to the identity of the property and though the learned counsel for the respondents contend that the documents which have been relied upon by the plaintiffs are created, the same also to be considered at the time of trial and not at this stage. It is also the contention of the learned counsel for the appellants that no 6(1) notification was issued and hence, the defendants claim is also defective and the same also requires trial and whether Society has got right to execute the sale deed or not requires full fledged trial, since very identity of the property is in dispute. Hence, I do not find any merit in the appeal to reverse the findings of the Trial Court and grant any temporary injunction. Accordingly, I answer point No.(1) as ‘negative’.
