P.K.LOHRA, J. - (1.) THE appellant -plaintiff has preferred this appeal under Order 43 Rule 1(r) CPC against the order dated 28th February, 2013 passed by the learned Addl. District Judge, Abu Road, District Sirohi. By the order impugned, the learned Court below has rejected the application of the appellant under Order 39 Rules 1 and 2 read with Section 151 CPC for temporary injunction in a suit for declaration and permanent injunction.
(2.) IN the temporary injunction application, the appellant has prayed for restraining the respondents from alienating the suit property or raising any construction on the land in question. The application for temporary injunction is contested by the respondents and it is averred in the return that they have purchased the property from Sardari Begum after paying requisite consideration amount and as such they are well within their rights to raise the construction. The learned Court below after hearing the rival parties noticed that the appellant -plaintiff has failed to prove prima facie case in his favour. On the other two ingredients for grant of temporary injunction namely balance of convenience and irreparable loss, the learned Court below has found that these two ingredients are also not available to the appellant for grant of temporary injunction.
(3.) AT the threshold, the matter came up before this Court on 15.04.2013 and the Court was pleased to admit the appeal and passed following stay order : - "In the meanwhile and till further orders, the respondents are restrained from raising any construction on the suit property being Plot No.18 situated at Near Bus Stand, Sirohi Road, Pindwara and they are directed to maintain status quo." The said order is still operating. Learned counsel for the appellant, Mr. Richin Surana, submits that the learned Court below has not examined the matter properly for ascertaining prima facie case and as such it has acted against the settled proposition of law. Mr. Surana further submits that looking to the contentious issues involved in the matter, it is desirable to preserve the property as it is till disposal of the suit as ordered by this Court while admitting this appeal. Mr. Surana further submits that the main suit has materially progressed and presently it is posted for evidence of the plaintiff and as such it is desirable to pass necessary directions to the learned Court below to decide the suit expeditiously.;