GOVERDHAN BARDHAR,J. - (1.) The instant Civil Misc. Appeal has been filed by the appellant under Order 43, Rule 1 read with Section 104 of CPC against the order impugned order dated 26.10.2016 passed by learned Additional District Judge, Parbatsar, District Nagaur, whereby the appellant's application under Order 39, Rule 1 and 2 read with Section 151 CPC for permanent injunction has been rejected.
(2.) Learned counsel for the appellant argued that the learned trial Court while ignoring the significant aspect of the matter has arrived at a wrong and erroneous finding that the appellant/plaintiff is not the son of Ramdeen and the property in question has been recorded in the name of defendant No.2 after death of his father Ramdeen. The land in question has not been partitioned and still is a joint property. Therefore, the learned trial Court has committed error in rejecting the application for temporary injunction.
(3.) Heard the counsel for the appellant and perused the impugned order dated 26.10.2016, passed by the trial court.;