1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.3096/2008. Shanti Kumar Jain. VERSUS Smt.Sarita Jain and Another. 27.01.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Dharamveer Singh Deora, for the appellant. Mr.Parag Rastogi ] Mr.V.D.Gathala ] for the respondents. ***** Heard learned counsel for the parties. This appeal has been filed against the order dated 26.04.2008 passed on the application under Order 39 Rule 1 and 2 C.P.C. for the grant of temporary injunction filed by the respondent-plaintiff. The learned trial court after having considered the material on record while deciding the prima facie case came to the conclusion that so far as the rival contentions are concerned, both the parties claimed to be the owners of the plot in dispute and both claimed that they have the valid pattas/allotment letters issued for the plot in dispute to them by the J.D.A. There is no definite finding as to which of the party is in possession of the plot in dispute. In the facts and circumstances, therefore, to prevent the property from being wasted or damaged or 2 the situation being altered to the advantage of one party, the learned trial court has directed both the parties to maintain status quo and has restrained both the parties from alienating or raising any construction over the property in dispute which is Plot No.186, Vidhyut Nagag-A, Ajmer Road, Jaipur during the pendency of the suit. Having regard to the facts and circumstances which have been enumerated by the learned trial court in the order impugned, I find that the order is just and proper and does not call for any interference. However, it is directed that an issue regarding possession shall be framed. It is made clear that the finding with regard to the possession will be given by the learned trial court on the basis of the evidence adduced before it by the parties and in case the plaintiff fails to prove his possession over the plot in dispute, the learned trial court would decide the said question and its effect on the suit in accordance with law. Subject to the above, the appeal as well as the stay application stand disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.