Nagendra Rai, J.

1. The appeal is directed against the order dated 8.7.96 passed by the Subordinate Judge 1st refusing to grant the temporary injunction in favour of the plaintiffs-appellants restraining the defendants-respondents No. 1 and 2 from changing the physical feature of the suit property and also from transferring of any portion of the suit property or making any \ alienation with regard to the same till the disposal of the suit.

2. Admitted position is that Dr. Indra Prasad .died in 1939 leaving behind his three sons, namely, Dwarika Pd., husband of defendant No. 3 Smt. Mallika Devi, plaintiff No. 1 Kamla Pd. and defendant No. 1 Kumar Kalidas. Dwarika Pd. died in 1970 leaving behind his widow Smt. Mallika Devi (defendant No. 3 ). According to the plaintiffs their family is governed by Mitakshara School of Hindu law and possessed of movable and immovable properties detailed in Schedule-1 and 2 of the plaint. Each branch that is plaintiff, defendant No. 1 and defendant No. 3 is entitled to one share in the suit property. The defendant No. 1 and his son defendant No. 2 being shrewd persons fraudulently created an award dated 25.3.82 wherein 70% of the total property