// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2684/2008 Raj Kumar Saini S/o Durga Shanker Saini Versus Rajiv Saini S/o Shri Durga Shanker Saini & Others Date of Order ::: 09.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Sandeep Pathak, Counsel for appellant #### By the Court:- Heard learned counsel for the appellant. Plaintiff filed a suit for partition and permanent injunction in respect of disputed property and, during the pendency of that suit, the defendant No.6 Smt. Badam Bai filed an application for temporary injunction to restrain the plaintiff from alienating the property in dispute. The learned trial court did not pass order of temporary injunction and directed that this application will be considered along-with main suit itself. However, the trial court observed that without passing any interim injunction order, it is expected from the opposite-party that the disputed property will not be transferred. The plaintiff, being aggrieved with the aforesaid observation of the // 2 // trial court, has preferred this miscellaneous appeal. The learned counsel for the plaintiff- appellant contended that on the application filed by the plaintiff-appellant for temporary injunction the trial court had already passed an injunction order in favour of the plaintiff and there was no justification for making these observations without any order on the application for temporary injunction filed on behalf of the defendant No.6, therefore, the said order is liable to be set-aside and the same may be set-aside. I have considered the submissions of learned counsel for the appellant and also examined the impugned order dated 4th April, 2008. The trial court has not passed any order on the application filed by the defendant No.6 Smt. Badam Bai. The observations made by the learned trial court to the effect that it is expected from the plaintiff that he will not transfer the property, cannot be termed as injunction order restraining him. With the aforesaid observation and clarification, the appeal is disposed of. (Narendra Kumar Jain) J. //Jaiman//