JAINENDRA KUMAR RANKA,J. - (1.) The instant petition is directed against judgment dated 12.5.2015 passed by Addl. District Judge No.4, Ajmer, in CMA No.46/2014(36/14) reversing the judgment dated 15.2.2014 of Civil Judge (JD), Ajmer, in Civil Suit No.46/2013, whereby application of the respondent under Order 9, Rule 9 , CPC has been rejected.
(2.) Brief facts of the case are that on 04.10.2007, the plaintiff-respondent filed a suit for declaration to the effect that the sale deed dated 21.05.2007 executed by defendant-petitioner no.2 in favour of defendant-petitioner no.1 in respect of agriculture land bearing khasra No.700 measuring 9 biswas (Barani second) and khasra No.701 measuring 8 biswas (Barani second), in all 17 biswas, is null and void and in-effective against the rights of the plaintiff-respondent, and for permanent injunction restraining the defendants to cause any interference in the use and occupation of the said land. The plaintiff stated that on 21.05.2007, the defendant no.2 on the basis of a will dated 11.02.1992 executed a registered sale deed dated 21.05.2007 in favour of defendant petitioner no.1, while the plaintiff-respondent, who is daughter, heir and legal representative of deceased Mewa son of Shri Doola, by caste Rawat, is vested with all the rights of ownership and in possession of the said land.
(3.) On 31.10.2007, the defendant-petitioners filed their written statement and denied the contents of plaint and concocted that the suit was liable to be dismissed. The plaintiff also filed temporary injunction application, which was not contested by the defendants and on 25.07.2009, the learned trial court allowed the temporary injunction application in favour of the plaintiff-respondent.;