Sobhagmal Jain, J. - (1.) This appeal is directed against the order dated May 18, 1982, of the of Judge, Churu, restraining the appellant from alienating or transferring the suit property and raising constructions during the pendency of the suit.
(2.) The suit property is a Nohra measuring 1285-7/8 yds. situated in Sardarshahar. It originally belonged to Magni Devi, who was the maternal grandmother of the respondents Nos. 1 to 4. Magni Devi gifted the property to Ratni Devi, mother of respondents Nos. 1 to 4 by a Tamleeknama dated Sept. 6, 1963. Ratni Devi died on Jan. 4, 1969. After her death, her sons, respondents Nos. 1 to 4, and her husband, respondent No. 5, inherited the property. On Sept. 14, 1977, respondent No. 5, who is the father of respondents Nos. 1 to 4 sold the property to the appellant. At that time, respondents Nos. 1 to 4 were minors. This was done without obtaining the permission of the Court under Section 8 of the Hindu Minority & Guardianship Act, 1956. In 1982. a suit was filed by respondents Nos. 1 to 4 for a declaration that the sale made in favour of the appellant by respondent No. 5 was null and void, and, in the alternative it was prayed that the plaintiffs may be granted the right of resumption in respect of the sale. Along with the suit, an application for injunction restraining the appellant from alienating or transferring the plot or raising any construction thereon was also filed by plaintiffs. This application was allowed by the learned District Judge, Churu, by the order under appeal. The present appeal is directed against that order.
(3.) During the pendency of the appeal this court on Nov. 15, 1983, passed the following order:- "15-11-83 Hon'ble Shri S.K. Mal Lodha, J. Mr. N.M. Singhavi for the appellant. Mr. Singhvi learned Counsel for the appellant, inter alia, contends that if permission for raising construction is granted and the impugned order of the learned Additional District Judge, Churu, is modified to this extent, he will remove the construction in case the plaintiff respondent succeeds in the suit. Learned Counsel for the appellant is directed to call the appellant in court and if necessary, he shall give an undertaking in writing. Mr. Singhvi prays that the appeal may be taken up for admission on November 28, 1983. Put up for admission on November 28-1983. sd/-S.M. Lodha, J.";