Vineet Kothari, J. - (1.) HEARD learned Counsels.
(2.) THIS appeal is directed against the order dated 23.10.2009 of the learned ADJ, Abu Road, District Sirohi by which the learned appellate court below has rejected the application under Order 39 Rule 1 and 2 C.P.C. of the appellant -defendants Smt. Premvada Kachwaha and Ors. Learned Counsel for the appellants, Mr. Vijay Bishnoi submitted that the said application under Order 39 Rule 1 and 2 C.P.C. was filed by the appellant in proceedings under Section 144 C.P.C. seeking restitution of the possession from the plaintiff - respondent, who filed the suit for possession which was earlier decreed by an ex -parte decree but the same was set aside on the application filed by the present appellants and, therefore, the learned court below has erred in relying upon the findings given in such exparte decree treating the status of the present appellant as trespasser.
(3.) LEARNED Counsel submits that during the pendency of the proceedings under Section 144 C.P.C., the learned court below ought to have granted the injunction against the respondent since the respondent started undertaking the construction work on the land in question.;