IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 30.01.2009. S.B. CIVIL MISC. APPEAL NO.1660/2008 Madan Lal & Anr. Vs. Dwarka Prasad & Orsa. HON'BLE MR. JUSTICE DALIP SINGH Shri Saket Pareek Shri A.N. Sharma, for the appellant. Heard learned counsel for the appellant. Perused the impugned judgment dated 28.2.2008 by which the application submitted by the appellant under order 39 rule 1 and 2 CPC for the grant of temporary injunction has been rejected. The learned trial court had dismissed the application on the ground that the alleged Vendor Dwarka Prasad alone was not competent to enter into an agreement for sale in respect of the entire land in which admittedly the respondents Nos. 2 to 8 also had a share. The learned trial court also took into consideration the fact that the agreement for which the suit has been filed is dated 18.10.1996 whereas the present suit has been filed after nearly 10 years on 3.4.2006. Learned trial court has also came to the conclusion that the land in dispute had been acquired under the provisions of the Land Acquisition Act in favour of the respondent No.9 RIICO and the possession of the land was also that of RIICO which was taken in pursuance of the acquisition proceedings. In that view of the matter the learned trial court did not find the prima facie case in favour of the petitioner. So far as the award of compensation in pursuance of the acquisition is concerned the appellant is free to take recourse to the provisions contained under the Land Acquisition Act for adjudication of rival claims between the claimants for the whole amount or its apportionment as the case may be. Subject to the above this appeal as well as the stay application are accordingly dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS