A G KURESHI MARBELS MINES MAKARANA Vs. PARWATI

JUDGEMENT

(1.) Heard learned counsel.

(2.) The petitioner-plaintiff has approached this Court by way of present appeal against the order dated 24th October, 2009 whereby in suit for injunction filed by the plaintiff-petitioner, the defendant filed a counter claim and also filed an application under Section 39 Rule 1 and 2 C.P.C. seeking temporary injunction in the mine No.199 in question. The learned trial court by the impugned order has directed the plaintiffs (defendants in the said counter claim) to not to alienate the suit property namely mining lease No.199 having area 200 ft. x 100 ft. situated in Makarana.

(3.) Learned counsel for the petitioner-plaintiff submitted relying on the decision of this Court in case of Prem Chand Vs. Manak Chand & Ors., 1997 AIR(Raj) 198 that the relief which is not claimed in the main suit itself namely against the transfer of suit property, the same cannot be granted by the court below in the form of temporary injunction.