N.K. Jain, J. - (1.) THIS miscellaneous appeal is directed against the order of learned District Judge, Bikaner dt. 5.5.90 whereby he has granted temporary injunction in favour of I he respondents.
(2.) IN brief the facts stated by the petitioner No. 1 are that she was married to Balram Singh in the year 1956 and had four sons and one daughter by this wedlock. They were living in the house of her father in law at Bkaner. It was alleged that after his transfer, relations between then became strained. Balramsingh filed a divorce petition but the same was dismissed on 4.5.92. He preferred an appeal by the same was also dismissed as withdrawn. The father of the appellant Manoherlal deceased bequeathed his house situated at Ranibazar in favour of the appellant No. 1 on 3.11.84 Balramsingh died at Bhilwara on 28.7.88. On 10.3.89, the appellant applied for succession certificate before the" District Judge, Bikaner. Succession certificate was issued on 10.9.89. Respondent Umadevi filed an application for temporary injunction on the ground that she is a lawful wedded wife of Balram Singh and prayed that the appellant may not withdraw any amount from Bank or post office on the basis of succession certificate. The trial court granted injunction on 5.5.90. Hence, this misc. appeal. This appeal is pending since 7.8.1990. As agreed by the learned Counsel for the parties the case has been finally heard.
(3.) MR . K.C. Samdariya, learned Counsel for the respondent has raised a preliminary objection that since the order is passed Under Section 151 C.P.C., misc. appeal Under Order 43 Rule 1 C.P.C. is not maintainable.;