IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 30.01.2009. S.B. CIVIL MISC. APPEAL NO.1439/2008 Smt. Munni Devi & Ors. Vs. Hanuman & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Anoop Dhand } Shri Ajay Singh }, for the appellants. Heard learned counsel for the appellants. This appeal has been field against the order passed by the learned trial court dated 24.1.2008 by which the learned trial court has partial rejected the application field by the plaintiff appellant under order 39 rule 1 & 2 CPC for grant of temporary injunction against the plaintiff. The plaintiff appellant filed a suit for declaration to the effect that the property in question was ancestral property in in which the appellant had a share and the defendant No.1 without the consent and knowledge of the plaintiff appellant transferred the same in favour of the defendant No.2. As such the sale deed in favour of the respondent 2 be declared to be null and void. The learned trial court by the impugned judgment allowed the application in part protecting the interest of the plaintiff appellant by directing that the respondent defendants are restrained from alienating the property in dispute during the pendency of the suit. The grievance which has been raised by the plaintiff appellant is with respect to the prayer for injunction being refused so far as the relief of dispossession is concerned. I have perused the impugned order and I find that the learned trial court has come to the prima facie conclusion that property in dispute is not in possession of the plaintiff and this finding is based upon the material which was produced before the learned trial court. In the facts and circumstances therefore I find no good ground to interfere with the judgment of the learned trial court. Suffice it to say that this finding is a prima facie one and the learned trial court shall decide this issue at trial after recording the evidence of the parties and this finding or the fact of rejection of this appeal shall not prejudice the case of the parties. Subject to the above, this appeal as well as the stay application are accordingly dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS