LAW FOR ALL

Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code and sought temporary injunction against the defendants restraining the defendants from transferring or alienating the suit property, dispossessing the plaintiff and making any construction over the suit property etc. during the pendency of the suit.- she being one of the daughters of Late Nandan Bhargava is entitled to claim her 1/6th share in the suit property and is also entitled to be placed in possession of her exclusive share by effecting partition amongst all the co-sharer by meets and bounds because Late Nandan Bhargava (her father) died intestate. The plaintiff has also questioned the legality of the sale made by the other co-sharers (legal representatives) in favour of the appellant.=The Trial Court vide order dated 10.04.2015 rejected the applications =The High Court by impugned order allowed the appeals and directed the parties to maintain status quo till final disposal of the suit.- While issuing notice in these appeals to the respondents, this Court on 08.06.2015 passed the following order: “Heard Dr. Abhishek Manu Singhvi, learned senior counsel appearing for the petitioner and Mr. Parag Tripathi, learned senior counsel appearing for respondent No.1. Issue notice. Mr. E.C. Agrawala, learned counsel accepts notice for respondent no.1. As an interim measure, the effect and operation of the common impugned order dated 29.05.2015, passed by the High Court of Rajasthan, Bench at Jaipur, shall remain stayed during the pendency of these petitions subject to the condition that the petitioner shall not transfer or create any third party rights in respect of thirty flats proposed to be constructed on the property in question. Further, the concerned trial court is directed to decide the suit pending between the parties as expeditiously as possible.” It is true that finding recorded while considering grant of injunction is always considered prima facie in nature and is confined to the disposal of such interlocutory proceedings. They do not influence the decision which is eventually rendered in the suit on merits as the same is rendered on the basis of evidence which is adduced in the suit. However, we feel that having regard to the issues involved in the suit and the nature of directions which we propose to pass, it is proper in this case not to record any categorical finding either way. It is, however, made clear that the interim order dated 08.06.2015 would also be subject to the result of the civil suits and depending upon the outcome of the civil suits, the Trial Court will be at liberty to pass appropriate order of its modification, setting aside or revocation as the case may be.