RAJKUMARI Vs. ARVIND KUMAR

JUDGEMENT

(1.) The present Misc. Appeal has been preferred by the plaintiffappellant against the order dtd. 17/5/2022 passed by the learned Additional District Judge, Jalore (hereinafter referred to as the learned trial Court for short) in Civil Misc. No.13/2022 whereby, the leaned trial Court has rejected the application filed by the appellant under Order 39 Rule 1 and 2 of the CPC.

(2.) The facts in nutshell are that the appellant-plaintiff filed a suit seeking sale deed dtd. 11/12/2020 as null and void and decree of permanent injunction against the respondentsdefendants before the learned trial Court. Alongwith the said suit, the appellant has also filed an application under Order 39 Rule 1 and 2 of the CPC seeking temporary injunction in the manner that the respondents may be restrained from alienating the suit property and not create third party rights with respect to the suit property.

(3.) Learned counsel appearing for the plaintiff-appellant vehemently submitted that while adjudicating the application for grant of temporary injunction, the learned trial Court has gave finding regarding validity of the sale deed itself and has erroneously commented on the merits of the case that from the averments of the suit, the appellant could not get success in it. Learned counsel for the plaintiff-appellant submits that such a finding of the learned trial Court is erroneous. In support of his arguments, learned counsel for the appellant has relied upon the following judgments:-