UMAR Vs. ULFAT

JUDGEMENT

(1.) APPELLANT has preferred this appeal under Order 43 Rule 1(r) CPC challenging the impugned order dated 21.08.2013 passed by the learned Additional and Sessions Judge No. 5, Jodhpur Metropolitan Jodhpur.

(2.) BY the order impugned, learned Court below has rejected the application of the appellant for temporary injunction in a suit for declaration, possession and recovery of damages, which was filed against Yakub and others and the respondent was also arrayed as party to the suit.

(3.) AFTER submission of reply, the learned trial Court heard arguments and by the order impugned declined the prayer of the appellant for temporary injunction. While examing prima facie case, the learned Court below has found that the litigants to the suit are Muslims and therefore, they are governed by the Muslim Law of Succession. While acknowledging the fact that respondent is daughter of late Haji Mohammed, the learned Court below has not prima facie found favour with the alleged title of the appellant on the basis of the testamentary instrument. Finally, the learned Court below has concluded that the appellant has miserably failed to make out a prima facie case. As regards other ingredients for grant of temporary injunction also, learned Court below has recorded finding against the appellant.