NISAR MOHD Vs. DHAPU BAI

JUDGEMENT

(1.) THE appellant -plaintiff has preferred this appeal under Order 43 Rule 1(r) CPC against the order dated 28th February, 2013 passed by the learned Addl. District Judge, Abu Road, District Sirohi. By the order impugned, the learned Court below has rejected the application of the appellant under Order 39 Rules 1 and 2 read with Section 151 CPC for temporary injunction in a suit for declaration and permanent injunction.

(2.) IN the temporary injunction application, the appellant has prayed for restraining the respondents from alienating the suit property or raising any construction on the land in question. The application for temporary injunction is contested by the respondents and it is averred in the return that they have purchased the property from Sardari Begum after paying requisite consideration amount and as such they are well within their rights to raise the construction. The learned Court below after hearing the rival parties noticed that the appellant -plaintiff has failed to prove prima facie case in his favour. On the other two ingredients for grant of temporary injunction namely balance of convenience and irreparable loss, the learned Court below has found that these two ingredients are also not available to the appellant for grant of temporary injunction.

(3.) AT the threshold, the matter came up before this Court on 15.04.2013 and the Court was pleased to admit the appeal and passed following stay order : -