1. - This appeal is preferred by the appellant while challenging the order dated 21.12.2012 passed by the Additional District Judge No.3, Bikaner whereby the application preferred by the appellant under Order 39, Rule 1 and 2 C.P.C. for granting temporary injunction has been rejected.

2. Brief facts of the case are that the appellant preferred a suit against the respondents for permanent injunction, declaration and partition under Order 7, Rule 1 C.P.C. in respect of ancestral house situated at Ward No.26 Nokha,District Bikaner and for agricultural land situated at village Somalsar, Tehsil, Nokha, District Bikaner while alleging that the said properties are ancestral and the appellant is also having ⅕ share in the said properties which is in the joint ownership and possession of the appellant and respondents. It is alleged that the respondents No.2 and 3 Kheraj Ram and Iswar Ram have forcibly got a release deed executed in their favour from late Asha Ram, uncle of the appellant for releasing his rights and share in respect of the ancestral house and now the respondents after demolishing the old ancestral house are raising new construction. It is also alleged that the respon