S.B. CIVIL MISC APPEAL NO.2123/2007 Vahida Begum Vs. Sardar Khan DATE OF ORDER : 5.2.2008 HON'BLE MR. GOVIND MATHUR, J. Mr. Surajmal Naveen, for the appellant/s. Mr. Amit Mehta on behalf of Mr. Raju Chaynan, for the respondent/s. **** This misc appeal is preferred to challenge the order dated 13.8.2007 passed by the learned Addl. District Judge, No.2, Jodhpur rejecting an application preferred under Order 39 Rule 1 and 2 CPC by the appellant-plaintiff. The appellant-plaintiff preferred a suit for declaration and also to declare the orders dated 4.10.2004 and 12.10.2004 void. It is relevant to note that by the orders aforesaid the rent relating to Mohd Akeel and Mohd Kamil was revised by the Rent Tribunal, Jodhpur. The present appellant Smt. Vahida Begum by filing suit sought a declaration of the title on the premises in question. Learned trial court rejected the application seeking temporary injunction on the count that in the present proceedings no order having effect of staying execution of the order passed by the Rent Tribunal can be passed. The order passed by the trial court is based on sound discretion vested in it and there is no unreasonableness or perversity that may warrant interference of this Court in its appellate jurisdiction. Thus, the appeal is dismissed. (GOVIND MATHUR),J. Jgoyal