Gopal Krishan Vyas, J. - (1.) HEARD learned counsel for the parties. Admittedly, the trial Court while deciding the application filed under Order 39 Rule 1 and 2 CPC granted interim order in favor of the plaintiff -appellants whereby an order has been passed not to alienate the property in question till disposal of the suit.
(2.) LEARNED counsel for the appellants submits that although the temporary injunction has been passed in favor of the appellants by the Trial Court but no order has been passed for raising any construction upon the disputed land, therefore, it is prayed that the respondents may be restrained from raising any construction on the dispute land. Learned counsel for the respondents submits that there is no prayer in the application or in the suit for not raising any construction, therefore, the prayer made by the appellants cannot be granted in this misc. appeal. After hearing learned counsel for the parties, I have perused the order impugned. In the opinion of this Court in the partition suit, proper order has been passed by the trial Court not to alienate the property in dispute. However, whatever adjudication will be made by the trial Court, both the parties will be abide by the adjudication for the trial Court. With these observations, this appeal is hereby dismissed. ;