AARIF KHAN Vs. GOPAL @ NANA LAL

JUDGEMENT

(1.) The present appeal has been preferred by the appellantdefendant against the order dtd. 6/5/2023 passed by the Additional District Judge No.1, Bhilwara in Civil Misc. Case No.45/2023 whereby the application under Order 39 Rules 1 & 2 read with Sec. 151 of the Code of Civil Procedure as preferred by the plaintiffs has been partly allowed.

(2.) Vide the impugned order, the learned Trial Court directed the defendant not to alienate the property in question or create any charge on the same and to maintain status quo regarding the revenue records.

(3.) The facts of the case are that a suit for declaration and cancellation of sale-deed dtd. 27/2/2023 executed by defendant No.1 in favour of defendant No.2 was preferred by the plaintiff with the submission that defendant No.1 was not the rightful owner of the said property. It was submitted that defendant No.1 claimed himself to be the owner of the property on basis of an adoption deed allegedly executed by Madan Lal whereas no such adoption ever took place and the defendant, in connivance with the revenue authorities, got the land mutated in his favour.