ARUN BHANSALI,J. - (1.) This appeal is directed against the order dated 21.01.2016, passed by the Additional District Judge No.1, Bhilwara, whereby the application filed by respondent-Salim Khan under Order 39 Rules 1 and 2 CPC has been accepted and injunction has been granted against the respondents regarding not interfering with possession of the plaintiff-Salim Khan and to maintain status quo.
(2.) A suit for partition and permanent injunction was filed by Salim Khan inter alia with the averments that land situated at Village Banera, District Bhilwara was joint land of plaintiff and the defendants, admeasuring 2 Bighas and 19 Biswa. It was claimed that out of the said land, the plaintiff has purchased ? .. "rd land from its Kahtedars by various registered sale deeds. It was also alleged that on account of the fact that the land is not partitioned between the parties, the same was leading to every day disputes between the parties and, therefore, the prayer was made that the land in dispute be partitioned by metes and bounds. Along with the suit, an application was filed seeking injunction against the defendants from interfering in the possession of the plaintiff and to maintain status quo regarding the land in question.
(3.) The notice of the suit as well as the Temporary Injunction application, was issued to the defendants. Reply to the Temporary Injunction application was filed by defendant Nos. 13 and 14 i.e. the appellants in the present appeal, inter alia, questioning the right of plaintiff to seek partition of the suit property. Various objections were raised regarding the maintainability of the suit on account of land in question being agricultural land and two revenue suits bearing No.79 of 2009 and 16 of 2015, being pending before the Revenue Courts, in which, in suit No.16/2015, the plaintiff-Salim Khan was a party.;