VIJAY BISHNOI,J. - (1.) This appeal has been filed by appellants being aggrieved with the order dated 09.07.2015 passed by District Judge, Jalore (for short 'the trial court' hereinafter) in Civil Misc. Case No. 15/2011, whereby the application filed by the appellants under Order 39, Rule 1 and 2 read with Section 151 CPC has been dismissed.
(2.) The appellants have filed a suit for recovery of possession and permanent injunction against the respondents before the trial court and along with the suit, an application under Order 39, Rule 1 and 2 CPC is also filed praying that the respondents be restrained from raising constructions on the disputed plots and from alienating the said property to any other person and they be also directed to maintain status quo in respect of the said property.
(3.) The appellants have claimed that in village Siyana Bera, Javadiya for the land ad measuring 1,52,262 square yards, a patta was issued by the then Jagirdar in favour of Nathmal Phool Chand and Kapur Chand Jethmal and in the said land, the appellants being their heirs were having their share. It is contended that the respondent Nos. 1, 2 and 3 and respondent Nos. 8 and 9 have no right over the property in question but they encroached upon the land of the appellants and also put stone slabs and also fixed fencing on the said land. The appellants have, therefore, prayed that till the disposal of the suit, respondents be restrained, by way of temporary injunction, from raising any construction on the said land and from alienating the said property to any other person and they be directed to maintain status quo.;