PREM SINGH Vs. HARI SINGH

JUDGEMENT

(1.) This Civil Misc. Appeal has been preferred by the appellants against the order dated 22.9.2016 passed by the Addl. District Judge No.1, Jodhpur Metro (hereinafter referred to as the trial court) whereby, the trial court has partly allowed the application under Order 39, Rule 1 and 2 read with Section 151 CPC preferred on behalf of the respondent No.1 Hari Singh and has restrained the appellants and respondent Nos. 2 to 10 from alienating the property in question and causing any damage to the same.

(2.) Brief facts of the case are that the respondent No.1 has filed a suit for partition while claiming that the Development Officer, Government of Jodhpur has issued Patta No.271 on 22.3.1938 in respect of the disputed land. It is stated by the respondent No.1 that the said Patta was issued in the name of Pratap Singh, father of the respondent No.1 and the appellant No.1, Jeetmal - appellant No.2 and Shayab Ram, predecessor of respondent Nos.3 to 10 and Mohan Singh, the respondent No.2.

(3.) It is contended that all the four persons were in joint possession of the said disputed land since long and their families are residing separately by constructing separate houses over the said land. The plaintiff has further contended that when he asked for partition of the land, the appellants as well as the respondent No.1 refused for partition of the property and are bent upon to dispose of the same, therefore, the decree of partition be issued in his favour. Along with the suit for partition, the respondent No.1 has also filed an application for temporary injunction under Order 39, Rule 1 and 2 read with Section 151 CPC. The learned trial court after hearing the parties concerned has partly allowed the said application and restrained the appellants and the respondent No.2 to 10 from alienating the property in question and also restrained them from causing any damage to the same.