RENUKA BHATI Vs. HIS HIGHNESS MAHARAWAL BRIJRAJ SINGH

JUDGEMENT

(1.) In this miscellaneous appeal, defendantappellants are 'challenging order dated 01.06.2009 passed by the District Judge, Jaisalmer in Civil Misc. Petition No.12/2009, whereby, the learned trial Court allowed the application filed for temporary injunction under Order 39 Rules 1 & 2, C.P.C., read with Section 151, C.P.C.

(2.) According to brief facts of the case, suit for perpetual injunction along with an application under Order 39 Rules 1 & 2, C.P.C. was filed by respondent-plaintiff in the name of His Highness Maharawai Brijraj Singh against the defendant-appellants, successors of late Shri Chandraveer Singh. In the suit it is pleaded that plaintiff is sole heir and successor of Ex Ruler late His Highness Girdhar Singh ji and late Maharaja Raghunath Singh ji and, the property in question comes in his succession because as per law and custom governing the succession which is the rule of primogeniture, he being the seniormost male survivor from the original common ancestor, plaintiff is entitled to inherit the property of Ex Ruler of the State of Jaisalmer.

(3.) It is mentioned in the plaint that before independence, as per the rule of primogeniture, late His Highness Girdhari Singh ji became sole owner of the property after the death of his father and late His Highness Girdhari expired on 27.08.1950, survived by his two sons, and after his death, his elder son Maharaja Shri Raghunath Singh ji succeeded to the entire property of late His Highness Girdhari Singh ji.