B.D. Agarwal, J.

1. This First appeal is at the instant of the plaintiffs. The appeal is directed against the judgment and order dated 17.1.2006, passed By the learned Addl. District Judge (PIC), Manipur West in Judicial Misc. Case No. 47 of 2005. By the said order of the learned trial court has rejected the prayer of the temporary injunction of the plaintiffs.

2. I have heard Mr. N. Ibotombi, learned Counsel for the appellants and Shri T. Rajendra, learned Counsel for the respondent Nos. 1, 2, 3, 4, 5 and 7. The other respondents, i.e., respondent Nos. 6 and 8 to 10 did not appeared despite notice.

3. Without delving the facts at length, suffice is to mention here that the appellants have instituted a suit praying for a decree of partition of the ancestral landed property and other consequential reliefs Along with the suit an application under Order 39, Rules 1, 2 and 3 of the Code of Civil Procedure was also filed praying for restraining the defendant No. 1/O.P No. 1 from making any new construction on the suit land shown in the schedule 'C'. The trial court was not inclined to grant ex parte injunction. Hence, notices were given to the opposite parties. The prayer for tempo