R.R.YADAV,J. - (1.) THIS misc. appeal has been filed by the appellant against the order dated 23.7.1994 passed by learned Additional District Judge No. 2, Jodhpur in Civil Misc. Case No. 41/94 known as Mishrilal v. Dwarka Prasad whereby it has granted temporary injunction to the respondent under Order 39 Rule 1 and 2 read with Section 151 CPC to dispose of a portion of plot No. 7 and the present appellant has been restrained from interfering in disposing of a portion of the aforesaid plot which is marked as 'D' 'E' 'G', 'H in the sketch map accompanying with the plaint.
(2.) AGGRIEVED against the aforesaid order passed by the learned trial court the appellant has preferred the present misc. appeal. Brief facts of the case necessary to be noticed for disposal of the instant appeal are that respondent Mishrilal filed a suit for dissolution of partnership and rendition of accounts alongwith an application for temporary injunction under Order 39 Rule 1 and 2 CPC stating therein that the respondent alongwith his brother Tejraj had obtained plot No. 7 on 20.2.1948 by way of allotment for Rs. 5156 and 4 annas and they have paid the same on 10.3.1948.
(3.) THE aforesaid plot No. 7 is situated at Heavy Industrial Area, Jodhpur measuring 600 x 275 ft. It is also alleged that the respondent and Tejraj started a business in partnership in the name and style of M/s F.R. Metals Industry. Later on the partnership between Tejraj and respondent was dissolved on 19.10.1960 and a dissolution deed was written on 21.4.1961 on the basis of which every assets of M/s F.R. Metals Industries was given to Mishrilal respondent.;