1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.1374 of 2009. Dwarka Lal Birla son of late Shri Shiv Narayan Birla & Another VERSUS Smt. Mohini Somani daughter of late Shri Shiv Narayan Birla wife of Shri Surajmal Somani and Others Date of Order :::: 25/01/2010. Hon'ble Mr. Justice Dalip Singh Mr. Rahul Kamwar, Counsel for the Appellants Mr. Deepak Pareek, Counsel for the respondent No.1 Mr. Sharad Joshi, Counsel for the respondent No.2 and 3. **** By the Court : Heard learned counsel for the parties. A limited controversy for which this miscellaneous appeal has been preferred against the judgment of the learned trial Court dated 18.02.2009 is in respect of the operative portion of the order passed by the learned trial Court. Learned counsel for the appellants contended that even as per the plaint averments the plaintiff-respondent is not in possession of any property, other than one mentioned in Schedule B and, therefore, he submits that so far as the injunction with regard to enjoyment of the property is concerned 2 that should be limited to the property in Schedule 'B'. of which the plaintiff is in possession to the extent mentioned in the plaint, prima-facie. Having heard the learned counsel for the parties, I am of the view that the impugned order deserves to be modified to the extent as aforesaid that the defendant shall not obstruct the plaintiffs in the enjoyment of the property of which they are in possession, as mentioned in Schedule 'B'. So far as the rests of the directions contained in the order of the temporary injunction with regard to the properties mentioned in Schedule A, B, C & D., with regard to alienation etc., are concerned the same stand confirmed. Subject to the above modification in the impugned order, the miscellaneous appeal as well as the stay application stand disposed of. (Dalip Singh), J. Ashok/