ARUN KUMAR Vs. ICHHA LAL

JUDGEMENT

(1.) SINCE both appeals are arising out of the same order passed by the learned Additional District Judge No. 2, Jodhpur, therefore, these two appeals are being disposed of by a composite judgment. The appeal No. 602/94 would be treated as a leading appeal.

(2.) THE plaintiff-appellant No. l to 3, Arun Kumar, Santosh Kumar and Shanta Devi filed a civil suit for partition and for accounting with a prayer for permanent injunction against Mohan Lal, Lata, Man Kanwar, Kaushalya and Ichhalal.

(3.) THE aforesaid injunction order which was passed by the trial court on the application moved by the plaintiff appellants under 0. ,39 r. 1 and 2 CPC was attained finality between the parties inasmuch as no appeal has been filed against this order. However, in the present appeal a controversy centre-around an application moved by the defendant No. l, Ichhalal, under 0. 39 r. l and 2 CPC read with Section 151 CPC making a prayer that the plaintiff- appellants and the defendants No. 2 to 5 be restrained from recovering the rent from the tenants of the disputed property.