Harji Son Of Hajari Rawat vs Javed Son Of Bhayyan
2021 Latest Caselaw 1412 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14900/2020

1.     Harji Son Of Hajari Rawat,
2.     Dhana Singh Son Of Hajari Rawat,
3.     Shri Ugma Son Of Shri Jagga Rawat,
       All residents Of Kotada, Tehsil and District Ajmer Through
       Their Power Of Attorney Shri Nirmal Mukharjee Son Of
       Shri Bholanath Ji, Resident Of Nausar Ghati, Pushkar
       Road, Ajmer
                                                       ----Plaintiffs Petitioners
                                    Versus
1.     Javed Son Of Bhayyan, Bharat Traders, In Front Of Laxmi
       Palace Marriage Place, Ram Nagar, Pushkar Road, Ajmer
2.     Mangilal Gurjar Son Of Shri Kammal Gurjar, Suraj
       Traders, Foy Sagar Road, Ajmer
3.     Parasmal Hingad Son Of Shri Janvrilal Hingad, Resident Of
       Chaaya Bhawan, Near Chintan Academy, Behind K.c.
       Complex, Sundar Vilas, Ajmer
4.     Gautam       Chand     Son      Of     Late     Shri      Manchand,   Tulsi
       Garments, Near Ragtaya Gali, Nala Bajar, Ajmer
5.     Gopal Singh Son Of Onkar Singh, Resident Of Shiv Nagar,
       Foy Sagar Road, Ajmer
6.     Shiv Raj Son Of Shri Prem Chand Tundwal, Resident Of
       613/2, Ram Nagar, Ajmer
                                                ----Respondents-Defendants

For Petitioner(s) : Mr. Alok Chaturvedi, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

09/02/2021

This writ petition has been filed by the petitioners-

plaintiffs (for short, 'the plaintiffs') against the judgment dated

21.7.2020 passed by the Appellate Court, whereby the Civil Misc.

(2 of 2) [CW-14900/2020]

Appeal filed by the plaintiffs has been dismissed and the order

dated 19.10.2019 passed by the Trial Court rejecting the

application for temporary injunction under Order 39 Rule 1 and 2

readwith Section 151 CPC has been affirmed.

Only prayer made by learned counsel for the plaintiffs is

that during the pendancy of the suit, if the defendants alienate /

transfer the suit property or create third party rights therein,

same shall be made subject to outcome of the suit pending before

the trial court.

In view of Section 52 of the Transfer of Property Act,

1882, prayer made by learned counsel for the plaintiffs seems to

be proper. Accordingly, it is ordered that if the defendants

alienate / transfer the suit property and/or create third party

rights therein, same shall be subject to outcome of the suit.

The writ petition stands disposed of accordingly.

Consequent upon the disposal of the writ petition, stay application

also stands disposed of accordingly.

(PRAKASH GUPTA),J

DILIP KHANDELWAL /4

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