1 S.B.CIVIL MISC. APPEAL NO.1579/2007 Narayan & Anr. v. Smt. Ratan Devi & Ors. Date of Judgment :: 14 th March, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. B.N.Kalla, for the appellants. Dr. Sachin Acharya, for the respondents. .... This appeal under Order XLIII Rule 1-a Code of Civil Procedure is preferred to assail validity, propriety and correctness of the order dated 18.4.2007 passed by learned Additional District Judge (Fast Track) No.2, Bhilwara, rejecting an application preferred by the plaintiff appellants under Order XXXIX Rules 1 and 2 Code of Civil Procedure. In a suit for cancellation of a sale deed dated 20.6.2006, an application seeking temporary injunction was also filed and that came to be rejected by order impugned. The trial court held that prima facie plaintiffs failed to satisfy that the sale deed dated 20.6.2006 was executed by misleading them or with an object to cheat them. The trial court also not found any irreparable injury to the plaintiffs in the event of non granting of temporary injunction. The balance of convenience was also not found in favour of the plaintiffs. 2 While assailing validity of the order impugned, the contention of counsel for the appellants is that the trial court failed to appreciate the material available on record in correct perspective and, therefore, rejected the application. It is well settled that the scope of appellate court while examining validity of an order passed by the trial court accepting or rejecting an application for temporary injunction is quite limited. Interference can be made by the appellate court only if the order passed by the trial court is perverse, without jurisdiction or is passed against the settled principles of law or is shockingly arbitrary. In the instant matter no such eventuality is available. Even according to counsel for the appellants the trial court failed to appreciate the material available on record adequately. This cannot be a reason to interfere with the discretionary order passed by the trial court. Accordingly, this misc. appeal is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.