Vineet Kothari, J. - (1.) The present Misc. Appeal under Sec. 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure has been filed by the appellants -non -applicants in a suit for partition against the impugned order dated 19.01.2015 passed by the learned Additional District Judge No. 3, Jodhpur Metropolitan in Civil Misc. Case No. 2833/2014 (42/2014) "Harsh Kumari v/s. Bijai Singh @ Vijay Singh & Anr." by which, the learned Trial Court has allowed the temporary injunction application filed under Order 39 Rule 1 & 2 of the Code of Civil Procedure by the the applicant -respondent -Harsh Kumari and directed the present appellants -non -applicants not to dispossess the applicant from the property mentioned in para No. 3 of the plaint and not to create any obstruction in the use and occupation of the property in question and also not to damage, alter or raise any new construction and not to sell the property in question to any other person and maintain status -quo of the property in question.
(2.) The present Misc. Appeal has been filed by the defendants namely, Bijai Singh @ Vijay Singh and Laxman Singh, father, son and real brother respectively of the plaintiff -respondent -applicant -Harsh Kumari aggrieved by the impugned order dated 19.01.2015 passed by the learned Trial Court allowing the temporary injunction application of the plaintiff -respondent in a suit for partition filed by her in respect of the property situated at Ratanada, Jodhpur.
(3.) The learned Trial Court has assigned the following reasons for grant of temporary injunction in favour of the applicant -respondent -Harsh Kumari which read as under: - - Hindu Succession Act (30 of 1956), Ss. 6, 8 - Devolution of Coparcenary property - Suit for partition - Dismissal of - Validity - Plaintiff's father got property in partition - It is his separate property - But plaintiff after his birth however acquires interest in property as coparcener - Order dismissing suit for partition treating plaintiff's father property as self acquired property, therefore, not proper.;