!! 1 !! S.B. CIVIL MISC. APPEAL NO.1394/2009 (Tola Ram & Ors. Vs. Pirag Chand & Anr.) Date of order :: 11.11.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Anil Upadhyay, for the appellants. Heard learned counsel for the appellants and perused the memo of appeal as well as order impugned. In my opinion, prima facie finding given by the learned trial court for rejection of application filed under Order 39 Rule 1 and 2 read with Section 151 CPC does not require any interference because appellants have miserably failed to make out prima face case because except agreement to sale of their share of property, no documentary evidence was produced by the appellants before the trial court with regard to their possession over the land. Further, there is finding of learned trial court that the land in question is still undivided property of the family because no partition took place till today. In my opinion, when appellants have failed to make out any prima facie case, so also, when balance of convenience also does not lie in favour appellants, then obviously, no temporary !! 2 !! injunction can be granted. In this view of the matter, there is no force in the appeal. Hence, the misc. appeal is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-