R.S. Chauhan, J.-The defendant-appellant has challenged the order dated 18.02.2003 passed by the Addl. District Judge No. 1, Alwar, whereby the learned Judge had allowed the application of the plaintiff -respondent under Order 39 Rule 1 and 2 read with Section 151 CPC, and had restrained the appellant from transferring the undivided half share of the plaintiff in the properties of Shri Deendayal Rustagi during the pendency of the suit.

2. The brief facts of the case are that the plaintiff -respondent (henceforth to be referred to as `the respondent` for short) filed a suit for partition, rendition of accounts and permanent injunction alongwith an application under Order 39 Rule 1 and 2 read with Section 151 CPC, in the plaint he claimed that he is the adopted son of late Shri Deendayal Rustagi and of his first wife Smt. Kamla. Smt. Kamla expired on 01.07.1977. Thereafter Shri Deendayal Rustagi married present appellant before us, Smt. Krishna Rustagi. He further stated that since there was no issue of Shri Deendayal from Smt. Kamla despite marriage of eighteen years and since the respondent was the son of Deendayals sister Smt. Vidya Devi, after the death of Smt. Vidya Dev