DINESH MEHTA,J. - (1.) The matter comes up for orders upon application (IA No.3667/2017) under Article 226 (3) of the Constitution of India filed on behalf of the respondents for vacation of the interim order dated 13.4.2017. However, with the consent of the parties, the writ petition itself is heard and decided at this stage.
(2.) The present writ petition is directed against the order dated 16.5.2015 passed by learned Additional District Judge No.3, Udaipur in an appeal filed against the order dated 09.04.2015 passed by learned Civil Judge (North) Udaipur City, Udaipur whereby the application for grant of temporary injunction under Order 39, Rule 1 and 2 of the Code of Civil Procedure had been rejected.
(3.) Brief facts relevant for the purpose of deciding the present writ petition are that the plaintiffs - petitioners have filed a suit for cancellation of the registered sale-deed dated 27.4.1981 and mandatory injunction. Along with the suit, the plaintiffs had also filed an application under Order 39, Rule 1 and 2 of the Code of Civil Procedure, seeking injunction to the effect that the respondents be restrained from alienating the suit property till the disposal of the suit. Learned trial Court has rejected the petitioners' application for grant of temporary injunction vide its order dated 09.04.2015. The Trial Court has recorded a finding that neither the prima facie case nor other ingredients for grant of temporary injunction are in favour of the plaintiffs.;