- (1.) This appeal is directed against the the order dated 14/5/2011, whereby, the learned trial court in civil misc. case No. 72/2011 (Smt. Mangi Bai & Ors. vs. State & Ors.) for injunction has rejected the application dated 11/4/2011 for temporary injunction of the plaintiff appellants Smt. Mangi Bai & others.
(2.) Learned counsel for the appellant plaintiffs, Mr. Shanker Lal Sukhwal submitted that the temporary injunction application filed in earlier suit for partition filed by defendant Heera Lal s/o Gorvardhan Lal Gurjar was allowed by the learned trial court against which the present plaintiffs filed misc. appeal in this Court, namely; S.B.Civil Appeal No. 1465/2008 (Smt. Mangi Bai & Ors. vs. State of Rajasthan & ors.), which came to be dismissed by this Court on 20/10/2008. Thereafter, since the part of the land in question was sold by the plaintiff Heera Lal, who claimed to be adoptive son of Chunni Lal, to respondent defendants no.6 and 7, Narendra Kumar and Ashok Kothari respectively, the plaintiffs again moved separate application under Order 39 Rule 1 and 2 CPC claiming temporary injunction that the defendants may be restrained from further alienating the land in question. The said temporary injunction application came to be dismissed by the impugned order dated 14/5/2011 and being aggrieved by the same, the plaintiffs have approached this court by way of present appeal.
(3.) On the other hand, Mr. Vinay Jain appearing for the purchasers and Mr. Pankaj Sharma appearing for defendant no. 5 Heera Lal submitted that the sale of land in question by Heera Lal was legal and valid and subject to this litigation, the right to alienate the property cannot be restrained and, therefore, the learned trial court was justified in rejecting the temporary injunction application. They further submitted that in any case, the sale in question, if any, would be covered by Section 52 of the Transfer of Property Act and will be subject to final decision of the suit filed by present plaintiffs.;