Dinesh Maheshwari, J. - (1.) By way of this writ petition, the plaintiff-petitioner seeks to question the order dated 10.08.2010 as passed in Civil Appeal (Order) No.31/2007 whereby the learned District Judge, Merta has reversed the order dated 10.04.2007 as passed by the learned Civil Judge (Jr.Div.), Merta in Civil Misc. Case No.19/2007.
(2.) In the said order dated 10.04.2007, the learned Trial Court, dealing with a suit filed by the plaintiff-petitioner for cancellation of the gift-deed and for perpetual injunction, had considered an application made by the plaintiff-petitioner under Order XXXIX Rules 1 and 2 CPC for temporary injunction against the construction of a school building on the land in question, said to be a part of joint property and having been transferred by the defendant No. 1 by way of gift of 1/5th out of her 1/32 share. The learned Trial Court was of opinion that the necessary ingredients for grant of temporary injunction existed in favour of the plaintiff; and accordingly, issued temporary injunction and directed the defendants to maintain status quo as per the Commissioner's report dated 24.03.2007.
(3.) The defendants Nos. 2, 4 and 5 preferred an appeal against the aforesaid order dated 10.04.2007 while arraying only the plaintiff as the respondent therein. The appeal was filed after a delay of about 20 days but the learned Appellate Court considered it just and proper to condone the delay in filing the appeal. The learned Appellate Court found the order as passed by the learned Trial Court not in conformity with the legal principles and found no justification for issuing the temporary injunction in this matter where the defendants-appellants had obtained the land under the registered gift deed for the purpose of construction of a school building, meant for the purpose of the children of the village.;