IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.7184/2008. Manohar Singh and Others. VERSUS A.D.J. Court No.2, Kota and Others. 21.08.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Ashwani Chobisa, for the petitioners. Mr.Mohd.Anees, for the respondents. ***** Heard learned counsel for the parties. This writ petition has been filed against the order of the learned appellate court rejecting the application filed under Order 39 Rule 1 and 2 C.P.C. seeking temporary injunction and setting aside the order passed by the learned trial court. It is not in dispute that during the pendency of the proceedings before this court, the respondents have already raised the construction over the site in dispute. In view of the above, no order granting temporary injunction restraining the defendants can be passed. In the facts and circumstances of the present case, it is directed that in the event of the suit being decreed, the plaintiff would be entitled to seek permanent injunction in the mandatory form in accordance with law. Subject to the above, the writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.