- (1.) In this miscellaneous appeal filed under Order 43 Rule 1, read with Section 104, C.P.C., appellants have prayed for quashing order dated 20.05.2011 passed by the Addl. District Judge (Fast Track) No.2, Udaipur upon application filed under Order 39 Rules 1 & 2, read with Section 151, C.P.C. in the suit for permanent injunction. Learned trial Court accepted the application filed for interim injunction by the plaintiff-respondent No.1 and passed an order to maintain status quo till disposal of the suit filed by the plaintiff-respondent No.1 for permanent injunction.
(2.) Admittedly, the suit for permanent injunction and partition of land in question was filed against the appellant and defendant-respondents No.2 & 3 by the plaintiffrespondent No.1, in which, it is stated that defendant No.1 and plaintiff are real brother and sister and their father Anoplal received property from his father late Kalu Lalji situated in Araji No.1673 measuring 1.8500 hectare of Patwar Circle Savina Tehsil Girwa.
(3.) After death of Anoplal, the plaintiff and respondent No.2 became owner of the property in question, in which, their share is 1/15 1/15 each. The case of the respondent-plaintiff is that her father Anoplal became blind 10 years before his death and he was not understanding anything, therefore, no will was executed by him; but, defendant No.1 who is her real brother prepared a false will upon which property in question was mutated and sold to Ms/ Kamal Complex Pvt. Ltd.;