RAJENDRA KUMAR S/O SHRI JAWANA RAM Vs. JAWANA RAM S/O SHRI PEMA RAM
LAWS(RAJ)-2016-9-285
HIGH COURT OF RAJASTHAN
Decided on September 05,2016

Rajendra Kumar S/O Shri Jawana Ram Appellant
VERSUS
Jawana Ram S/O Shri Pema Ram Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal is directed against the order dated 1/8/2013 passed by the District Judge, Merta District Nagaur, whereby, the trial court has accepted the application filed by the respondent-plaintiff for temporary injunction and has directed that the properties 'HINDI' indicated in para 6 of the application and properties 'HINDI' and 'HINDI' indicated in para 7 of the application be not transferred directly or indirectly and status quo be maintained and that both the parties during the pendency of the suit would not make any major change regarding the ownership and would not interfere in the use of the properties.
(2.) The respondent-plaintiff filed a suit for partition, declaration of adoption and permanent injunction against the appellant and two other defendants, along with the suit an application under Order 39, Rule 1 and 2 CPC was filed seeking injunction against the appellant. It was inter alia claimed that the properties indicated in the application were joint properties and that the defendants had no right to deal with the properties and that the applicant was entitled to injunction during the pendency of the suit for partition.
(3.) The application was opposed by the appellant inter alia on the submissions that the applicant has no right in the properties as the same were self acquired. Further submissions were made specifically qua properties indicated in para 6 and 7.;


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