BABU LAL Vs. PARA DEVI

JUDGEMENT

(1.) The present writ petition has been filed under Article 227 of the Constitution of India by the petitioners-plaintiffs (hereinafter referred to as 'the plaintiffs') against the order dated 27.11.2019 passed by the Additional District and Session Judge No. 19, Jaipur Metropolitan, (Head Quarter at Sanganer) in Civil Misc. Appeal no. 22/2019, whereby the appeal filed by the respondents-defendants (hereinafter referred to as 'the defendants') has been partly allowed modifying the order dated 23.4.2019 passed by the Trial Court and both the parties have been directed to maintain status-quo with regard to the site and record over disputed 1/5th portion of 1/3rd share of late Ananda in the suit property.

(2.) Facts of the case are that the plaintiffs filed a suit for declaration and permanent injunction against the defendants alongwith an application for temporary injunction under Order 39 Rule 1 and 2 CPC. The Trial Court vide its order dated 23.4.2019 allowed the application for temporary injunction filed by the plaintiffs and directed both the parties to maintain status-quo with regard to site and record over the suit property, as described in para no. 17 of the T.I. application.

(3.) Aggrieved thereby, the defendants filed a Civil Misc. Appeal before the Appellate Court. The Appellate Court vide its order dated 27.11.2019 partly allowed the appeal modifying the order dated 23.4.2019 passed by the Trial Court.