- (1.) THIS appeal is directed against the order dated 30.03.2013 passed by the learned Additional District Judge, Anoopgarh, District Sri Ganganagar, whereby, the application filed by the respondent under Order XXXIX, Rule 4 CPC has been allowed and the interim order passed by the learned trial court on 03.09.2011 was modified.
(2.) THE facts in brief are that the petitioner-plaintiff filed a suit for declaration and permanent injunction against the respondent regarding land comprised in Chak No.25 APD, Tehsil Anoopgarh, details whereof were indicated in para 2 of the plaint; alongwith the suit an application was filed under Order XXXIX, Rule 1 and 2 CPC. The learned trial court after hearing the parties by order dated 03.09.2011 decided the application by consent of the parties and ordered that they would maintain status quo during the pendency of the suit qua the suit property. However, an application under Order XXXIX, Rule 4 read with Section 151 CPC was filed by the respondent, inter alia, with the averment that ad interim order in the temporary injunction application was passed on 05.10.2010 for maintaining status quo, which was confirmed by order dated 03.09.2011. However, relating to the said land, as the sale deed had been executed on 19.07.2010 regarding which now the mutation entry is not being made and, therefore, the order dated 03.09.2011 be varied to the extent that in pursuance of the sale deed dated 19.07.2010 the mutation entries be permitted to be made in the revenue record.
(3.) THE application was vehemently opposed by the appellant by filing reply. It was indicated that the sale deed has been executed in violation of interim order passed by the Sub Divisional Officer, Anoopgarh in other revenue litigation.;