// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Miscellaneous Appeal No.1772/2008 with S.B. Civil Misc. Stay Appl. No.1160/2008 Smt. Goma Devi W/o Shri Gyarsa and Others Versus M/s. Amit Colonizers Limited through Managing Director Vijay Kumar Vijayvargiya Date of Order ::: 13.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Dr. Swati Bhati, Counsel for appellants Shri Sohan Lal Sharma, Counsel for respondent #### By the Court:- Admit. Shri Sohan Lal Sharma, Advocate, appears for the respondent, therefore, service is complete. Heard learned counsel for the parties. The plaintiff-respondent filed a suit for specific performance of the agreement and permanent injunction along-with an application for temporary injunction, which was allowed by the trial court vide order dated 8th April, 2008 and restrained the defendant-appellants from alienating the property, in dispute, in any manner and from raising any new construction over the disputed property, during the pendency of the suit. Being aggrieved with the same, the // 2 // defendants have preferred this appeal. During the course of arguments, the learned counsel for both the parties, on the instructions of their respective parties, have agreed that the order passed by the trial court dated 8th April, 2008 may be modified to the extent that the defendant-petitioners may be restrained from alienating the property, in dispute, in any manner whatsoever but they will be allowed to raise construction over the disputed property and enjoy the same. On the basis of consensus arrived at between the learned counsel for the parties, the appeal is partly allowed. The impugned order dated 8th April, 2008 is modified and restricted to the extent that the defendant- appellants will not alienate the property, in dispute, by way of sale, gift or in any other manner whatsoever but they will be free to raise construction and to enjoy it also during the pendency of the suit before the trial court. In view of this order, the stay application, filed with the appeal, also stands disposed of. The costs is made easy. (Narendra Kumar Jain) J. //Jaiman//