ARUN BHANSALI,J. - (1.) This appeal is directed against the order dated 26.4.2012 passed by the Additional District Judge No. 2, Udaipur, whereby the application filed by the appellant under Order 39, Rule 1 & 2 CPC has been rejected.
(2.) The appellant filed a suit for injunction and declaration against the respondents inter-alia with the averments that he had purchased the suit property on 28.2.2008 from respondents No. 5 and 6. The respondent-Bank pursuant to recovery proceedings against the respondent No. 4 was seeking to attach and auction the property and therefore, injunction was sought against the said action of the Bank and a declaration was sought that the appellant was owner of the suit property.
(3.) The facts are checkered, inasmuch as, it is claimed that the property in question belonged to Bheru Lal, who transferred the said property to Durga Bai though consideration was paid by Keshar Bai, her mother and sister of Bheru Lal, the sale deed was registered on 15.6.1957. It is claimed that the said transaction took place pursuant to the agreement dated 15.4.1957.;