- (1.) The present appeal has been filed by the appellants-plaintiffs under Order XLIII Rule 1 (r) of CPC challenging the order dated 21.7.2012 passed by Additional District Judge No.2, Ajmer (here-in-after referred to as "the trial court") in Civil Misc. Case No. 63/2012 (122/2012), whereby the trial court dismissed the said application of the appellants-plaintiffs seeking temporary injunction against the respondents-defendants.
(2.) In the instant case, the appellant nos. 1, 2 and the respondent no.2 are the sons of the respondent no.1. The plot, on which the construction is being raised by the respondents -defendants was purchased in the name of Smt. Manorama Devi, the mother of the appellants and the respondent no.2, by executing the registered sale deed dated 31.10.1975. It appears that subsequently the construction of the house was also raised on the said plot in the year 1978 and the appellants and respondents had been staying in the said house. However, subsequently, the appellants separated and they constructed their own respective houses. The mother of the appellants Smt. Manorama Devi expired on 27th May, 2003. It appears that thereafter by virtue of the Will executed by the said Manorama Devi, the respondent no.1 became the owner of the suit premises and the respondent no.1 gifted the same to the respondent no.2 by executing the gift deed. The respondent no.2 therefore got demolished the old house and started construction of new house on the said plot in question. The appellants-plaintiffs, therefore, filed the suit seeking permanent injunction against the respondents-defendants for restraining them from raising the construction over the plot in question on the ground that they had their respective 1/4th share in the said property. The appellants-plaintiffs also filed an application seeking temporary injunction of similar nature, which was resisted by the respondents-defendants.
(3.) The trial court, after hearing the learned counsel for the parties, dismissed the said application of the appellants-plaintiffs seeking temporary injunction, against which the present appeal has been filed.;