1 S. B. Civil Misc. Appeal No. 3233/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT S.B. Civil Misc. Appeal No. 3233/2010 Geeta Devi & Others Vs. Narotam & Others. Date of Judgment: 15.12.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. Gaurav Choudhary, for the appellants. BY THE COURT: Heard learned counsel for the appellants. 2. Plaintiffs/appellants have preferred this misc. appeal under Order 43 Rule 1 CPC against impugned order dated 01.12.2010 passed by District Judge, Jhunjhunu, whereby trial court passed an interim order in favour of the appellants to the extent that defendants will not transfer or sell the property in dispute, but refused to pass any interim order restraining the defendants from raising any construction over the property in dispute. Being aggrieved with the refusal to pass any interim order with regard to raising construction by defendants, plaintiffs have preferred this misc. appeal. 2 S. B. Civil Misc. Appeal No. 3233/2010 3. Submission of learned counsel for the appellants is that plaintiffs have right in the property in dispute, but learned trial court did not pass any interim order restraining defendants from raising construction over the property in dispute during pendency of application for temporary injunction, whereas prima facie case was made out in favour of the plaintiffs to pass absolute injunction order in their favour. 4. I have considered submissions of learned counsel for the appellants. 5. It appears from the impugned order dated 01.12.2010 that application for temporary injunction is still pending before trial court and the same has not been disposed off finally. Trial court has granted time to defendants to file reply to application for temporary injunction. However, in view of submissions made by learned counsel for the appellants, I think it fit and proper to dispose off present appeal with a direction to learned District Judge Jhunjhunu to decide application for temporary injunction of the appellants within a period of three weeks. In case defendants do not file their reply, then the trial court will 3 S. B. Civil Misc. Appeal No. 3233/2010 pass necessary order restraining the defendants from raising construction over the property in dispute also during the pendency of the application of temporary injunction. 6. In view of above discussions, misc. appeal is disposed off with a direction to learned District Judge, Jhunjhunu to decide the application for temporary injunction filed by the appellants within a period of three weeks. In case defendants do not file their reply or application for temporary injunction is not disposed off for any reason, then an order will be passed in the matter by the trial court restraining the defendants from raising construction over the property in dispute during pendency of the application of temporary injunction. 7. Registry is directed to send a copy of this order to District Judge Jhunjhunu for compliance and information. (Narendra Kumar Jain),J. Manoj, Item No.22.