CMA 1228/09 Rameshwarlal Vs. Balkishan and others (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Misc. Appeal No.1228/2009 Rameshwarlal Vs. Balkishan and others Date Of Judgment :: 12th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Rajesh Kapoor, for appellant. None is present for respondents. ........... By the Court :- This is an appeal filed against the order dated 6/2/2009 passed by District Judge, Ajmer in Civil Misc. Case No.160/2005 whereby the application filed by the appellant under Order 39 Rule 1 & 2 of the Code of Civil Procedure has been dismissed. 2. Heard learned counsel for the appellant and perused the impugned judgment. 3. It was inter alia contended that appellant has filed an application in a petition under section 372 of the Indian Succession Act for grant of succession certificate of the movable property and securities of his late father Mohan Lal who was the sole owner of the disputed deposits but the trial court while allowing temporary injunction in regard to some of the deposits wrongly dismissed the application for temporary injunction in regard to certain deposits which have been deposited by deceased Mohan CMA 1228/09 Rameshwarlal Vs. Balkishan and others (2) Lal in the name of his one son Om Prakash respondent no.3 and grandchildren respondents no.4 to 7. 4. I have considered his submissions. The temporary injunction has been sought in the petition filed under section 372 of the Indian Succession Act. The impugned order demonstrates that the District Judge has declined temporary injunction in regard to the deposits which are not in the name of deceased Mohan Lal father of the appellant but in the name of other respondents no.3 to 7. In view of the above fact situation, I do not find even prima facie case in favour of the appellant nor any illegality or impropriety in the impugned order. Therefore, this misc. appeal deserves to be dismissed at the admission stage. 5. Consequently, this misc. appeal along with stay application is dismissed at the admission stage. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D78