CMA 4742/09 Hanumant Singh alias Kalyan Singh Vs. Sher Singh and another (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.4742/2009 Hanumant Singh alias Kalyan Singh Vs. Sher Singh and another Date Of Judgment :: 5th October, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Sudesh Bansal, for appellant. ........... By the Court :- This civil misc. appeal has been filed by appellant-plaintiff against the order dated 25/8/2009 passed by Additional District Judge (Fast Track) No.2, Jaipur District, Jaipur whereby the application for temporary injunction filed in civil suit no.340/2006 has been dismissed with the observation that any transfer made by defendant no.2 during the pendency of the suit shall be under the principles of lis- pendency and defendant-respondent no.2 shall also mention this fact in such sale deed. 2. Heard learned counsel for the appellant on the point of admission and perused the impugned order. 3. It was inter alia contended that appellant- plaintiff is in actual possession and he has already requested to Gram Panchayat Bhoorthal to regularize such land. It was CMA 4742/09 Hanumant Singh alias Kalyan Singh Vs. Sher Singh and another (2) then submitted that 'patta' produced by the defendant- respondents is doubtful in view of the certificate dated 27/4/2006 issued by the Secretary, Gram Panchayat, Bhoorthal. 4. I have considered the above submissions. Plaintiff-appellant has filed a suit for declaration and cancellation of the 'patta' of the disputed land which is said to have been issued in favour of Anjan Kanwar, adoptive mother of respondent no.1 Sher Singh, which was lateron purchased by respondent no.2 Bhagwati Singh by registered sale deed. Plaintiff is claiming his rights on account of his old possession and it was not his case that he had a valid title of the disputed land. The trial court while deciding the application for temporary injunction has considered not only the 'patta' which is said to have been issued in favour of Anjan Kanwar but also the fact that FR has been submitted and accepted by the criminal court in regard to FIR lodged in relation to the said 'patta' and also the fact that suit filed by respondent- defendant Bhagwati Singh against plaintiff-appellant in regard to the same piece of land has been decreed and plaintiff- appellant has been restrained from interfering in the possession of respondent no.2 Bhagwati Singh. The trial court did not find prima facie case in favour of plaintiff- appellant. I do not find any illegality or perversity in the CMA 4742/09 Hanumant Singh alias Kalyan Singh Vs. Sher Singh and another (3) impugned order and there appears no good reason to admit this misc. appeal. 5. Consequently, this civil misc. appeal along with stay application is hereby dismissed at the admission stage. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D9