TARACHAND Vs. JITENDER

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 6/4/2023 passed by Additional District Judge No.1, Barmer in Civil Misc. Case No.12/2023 whereby vide an ad-interim order, the parties had been directed to maintain status quo regarding the property in question.

(2.) In the appeal, vide the interim order dtd. 26/4/2023, the appellant-defendants were permitted to raise construction on the land in dispute in accordance with the permission as granted by the Municipal Council. Further, vide the said interim order, the appellant-defendants were directed to file an undertaking to the effect that if the suit is decided against them, they would not claim any right qua the constructed area. Further, the parties were restrained from alienating the property.

(3.) An application for vacation of the interim order dtd. 26/4/2023 has been preferred on behalf of the respondent-plaintiffs with the submission that the said interim order has been obtained while submitting total incorrect facts.