Govind Mathur, J. - (1.) THE appellant plaintiffs preferred a suit to declare the decree dt. 22.01.1996 passed by learned Civil Judge (SD), Bikaner in Civil Original Case No. 73/1993 void and also to set aside the execution proceedings initiated in pursuant to the decree referred above. An application under Order XXXIX Rules 1 and 2 Code of Civil Procedure was also filed seeking a temporary injunction against the defendants not to dispossess the plaintiffs from the disputed premises and also not to take any action injurious to civil rights of the plaintiffs.
(2.) AS per the appellants the disputed premises was earlier an orchard and the same was used by them since their ancestors time. They constructed a two storied house somewhere during the period from 1970 -75 and were living there. Defendant Kishan Kumar Mohta by hatching a conspiracy with Himmat Singh Acharya (maternal grand father of plaintiff Gopal Vyas) and by impleading him as a defendant filed a suit No. 73/1993 for obtaining possession of the disputed house and mesne profit based on a false patta alleged to be issued in favour of Shri Chhotu Lal (grand father of Himmat Singh). As per the plaintiffs, the suit was decreed on 22.01.1996 and the decree aforesaid was obtained by Kishan Kumar Mohta by misleading the Court and by hatching a conspiracy. Learned Additional District Judge No. 2, Bikaner by his order dt. 22.11.2007, after hearing the parties, rejected the application under Order XXXIX Rules 1 and 2 Code of Civil Procedure by holding that the applicant appellant failed to make out any prima facie case and also that no balance of convenience is in favour of granting temporary injunction. The trial Court also held that no irreparable injury shall be caused to the applicant appellant if the temporary injunction as prayed is not granted.
(3.) WHILE assailing validity of the order dt. 22.11.2007 the contention of counsel for the appellants is that the appellant plaintiffs are in possession of the disputed premises since 1970 and if they be dispossessed from the disputed house, the same shall certainly cause an irreparable injury to them and adversely effect their civil rights.;