VASUDEV AGRAWAL Vs. RAVIKANT AGRAWAL AND ORS

JUDGEMENT

(1.) The present appeal arises out of the order dated 18/11/2013 passed by the Additional District and Sessions Judge No.5, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the Trial Court') in Civil Misc. Application No. 55/2013, whereby the Trial Court has dismissed the application of the appellant/plaintiff seeking temporary injunction in respect of the suit property, under Order XXXIX Rule 1 and 2 of CPC.

(2.) The only contention raised by the learned counsel Mr. M.C. Jain for the appellant is that the property in question was an ancestral property, which was purchased from the funds realized by selling another ancestral property. He also submitted that the suit having been filed for partition, the respondents are required to be restrained from selling or transferring the suit property.

(3.) However, the learned counsel appearing on caveat Mr.Ramesh Kumawat for the respondent No.1 has submitted that there is nothing on record to suggest that the suit property was purchased from the funds of sale consideration received by selling another ancestral property. He also submitted that some matrimonial dispute is going on between the respondent No.1 and his wife i.e. the appellant, who has filed the suit on behalf of their son, who is aged about 1.5 years only.