DINESH CHANDRA SOMANI,J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondent.
(2.) The instant petition under Article 227 of the Constitution of India has been filed by the plaintiff/petitioner assailing the order dated 25/03/2017 passed by Additional District Judge, Rajgarh, (Alwar) in Civil Miscellaneous Appeal No. 12/2016 titled as Dinesh v. Shravan Kumar , whereby the learned appellate Court allowed the appeal and set aside the order dated 24/08/2016 passed by Civil Judge, Rajgarh District Alwar in Civil Miscellaneous Case No. 59/2016 (Shravan v. Ram Dayal and Ors.)
(3.) Skeletal material facts necessary for disposal of this petition are that plaintiff/petitioner filed a civil suit against the present respondent and others in the Court of Civil Judge, Rajgarh (Alwar) for mandatory and permanent injunction, alongwith an application for temporary injunction under Order 39, Rule 1 2 of CPC with averment that the parties belong to same family and their common ancestral property is situated in village Talab, which was inherited from predecessor Late Narayan Lal. This property is disputed between the parties. The defendant/respondent is raising construction on the unpartitioned property without ascertaining share with intent to grab the property and prayed to restrain the defendant/respondent by granting temporary injunction.;