J.K. Ranka, J. - (1.) Instant appeal is directed against order Dt. 14/05/2015 passed by the trial Court whereby the application for temporary injunction No. 13/2015 has been dismissed. The brief facts, which can be noticed on perusal of the material available on record are that the appellants herein moved an application under Order 39 Rule 1 & 2 CPC, inter -alia, mentioning therein that the appellants as well as respondents No. 1 to 6 are members of Hindu Undivided Family and one Jadu @ Sadhu, who was great grand father of the appellants, died leaving behind him three sons namely; one Godaram, who died unmarried; the second is Ram Nath and the third one Surjaram who was alive at the time when the application was moved. Shri Surja Ram is said to be grand father of the present appellants. It is further stated that since Ram Nath was not having any child, as such, father of the appellants namely; Dev Karan, was adopted by Ram Nath by consent of his wife namely; Smt. Bhanwari Devi in accordance with Hindu customs & rites and since then Dev Karan started living with Ram Nath and his wife as their adopted son but in all the records Devi Karan continued to be named to be son of Surja Ram and no document was ever prepared to the effect that Dev Karan was living with Ram Nath as everyone knew this fact it is further claimed that on the death of Ram Nath, only Dev Karan performed all the last rites and rituals of Ram Nath and even the turban ceremony was also performed in favour of Dev Karan, as such, Dev Karan was sole owner of all the properties owned and inherited by Ram Nath. It was further claimed that after demise of Dev Karan, each of the appellants had 1/16th share in the ancestral property as described in the plaint.
(2.) From the rival side, it was claimed that Dev Karan was never taken in adoption by Ram Nath as Dev Karan was the only son of Surja Ram and therefore, question of Dev Karan being taken in adoption by Ram Nath did not arise. It was further claimed on behalf of the respondents that Smt. Champa Devi was wrongly shown as widow of Dev Karan. Smt. Champa Devi, daughter of Shri Ram was married as per Hindu rights and customs to Prithvi Singh son of Kurda Ram, by caste Gurjar, resident of Karoli in 1971. It was further claimed on behalf of the respondents that Smt. Champa Devi initiated proceedings in the Court of Judicial Magistrate, Narnaul under Sec. 125 Cr.P.C. against Prithvi Singh claiming to be wife of Prithvi Singh. It was further claimed that Smt. Santra Devi was the wife of Dev Karan and married to him as per Hindu rights and customs and she was still alive and therefore, there was no question of Smt. Champa Devi being wife of Dev Karan.
(3.) The trial Court disbelieved the version of the appellants and after holding elaborate discussion in the impugned order did not find any of the ingredients of prima -facie case, balance of convenience and irreparable loss in favour of the appellants and accordingly rejected the temporary injunction application moved by the appellants/plaintiffs.;