1. - By way of this writ petition, the plaintiff-petitioner seeks to question the order dated 10.08.2010 as passed in Civil Appeal (Order) No.31/2007 whereby the learned District Judge, Merta has reversed the order dated 10.04.2007 as passed by the learned Civil Judge (Jr.Div.), Merta in Civil Misc. Case No.19/2007.

2. In the said order dated 10.04.2007, the learned Trial Court, dealing with a suit filed by the plaintiff-petitioner for cancellation of the gift-deed and for perpetual injunction, had considered an application made by the plaintiff-petitioner under Order 39 Rules 1 and 2 CPC for temporary injunction against the construction of a school building on the land in question, said to be a part of joint property and having been transferred by the defendant No. 1 by way of gift of ⅕th out of her 1/32 share. The learned Trial Court was of opinion that the necessary ingredients for grant of temporary injunction existed in favour of the plaintiff; and accordingly, issued temporary injunction and directed the defendants to maintain status quo as per the Commissioner's report dated 24.03.2007.

3. The defendants Nos. 2, 4 and 5 preferred an appeal against the aforesaid order