- (1.) With the consent of the learned counsels for the parties, the present appeal is decided finally at the admission stage.
(2.) The present appeal filed under Order XLIII Rule 1(r) of C.P.C. is directed against the judgment dated 07.03.2009 passed by the Additional District & Sessions Judge No.9, Jaipur City, Jaipur (hereinafter referred to as "the trial court") in Civil Misc. Application No.31/06, whereby the trial court has dismissed the application of the appellant-plaintiff filed under Order XXXIX Rule 1 & 2 of C.P.C.
(3.) In the instant case, it appears that the appellant-plaintiff happened to be the brother of the respondent No.1. The respondent No.2 is the wife and the respondent No.3 is the son of the respondent No.1. The appellant-plaintiff has filed the suit against the respondents-defendants seeking injunction restraining the respondents from taking any action against him in respect of the suit shop being No.B-90, pursuant to the loan taken by the respondent No.3 from the respondent No.4-Bank, alleging interalia that one Kailash Chand Gupta was the owner of the suit shop, who had agreed to sell the said shop to the appellant-plaintiff, however the respondent Nos.1, 2 & 3 by committing fraud, got the sale deed executed in the name of the respondent No.3 on 14.06.1996. It is further case of the appellant that the appellant had earlier filed one suit against the respondents seeking cancellation of the said sale deed in which the court had directed the parties to maintain status-quo, however the respondents mortgaged the said property with the respondent No.4 in the year 2004, for obtaining the loan in favour of the respondent No.3. It is also case of the appellant that the appellant has already filed an application under Order 39 Rule 2-A in the said earlier suit, alleging the breach of injunction, but in any case, the respondent No.4-Bank could not take any action against the present appellant in respect of the said suit shop. The appellant having filed the application seeking temporary injunction pending the suit, the same has been dismissed by the trial court vide the impugned order, against which the present appeal has been filed.;