SAROJ Vs. JAI SINGH

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 29/5/2023 passed by the Additional District Judge No.7, Jodhpur Metropolitan in Civil Misc. Case No.163/2022 (N.C.V. No.453/2022) whereby the application under Order 39 Rules 1 and 2 read with Sec. 151, CPC as preferred by the plaintiffs has been allowed.

(2.) Vide the order impugned, the defendants have been restrained from alienating or transferring the property and to maintain status quo regarding the possession and the record of the property in question. Vide the said order, defendant Nos.3 to 11 have been granted liberty to enjoy the property which is in their possession with a rider of making no material alteration in the same.

(3.) The present appeal has been preferred on behalf of defendant Nos.1 and 3 to 11. Learned Senior Counsel appearing for the appellants submits that the appellants are aggrieved by the order impugned only to the extent they have been restrained from making any material alteration in the property in question. He submits that the order impugned be modified to the extent that while maintaining the status quo order regarding the possession and record of the property in question, the defendants be permitted to use the property without any rider.