JUDGMENT :

1. The present special appeal has been filed against the order dated 12.10.2022 passed by the learned Single Judge only to the extent an application preferred by respondent No.11-Shiv Prakash Soni with a prayer for direction to get the sale deed registered in his favour and for permission to raise construction has been allowed. Before proceeding further the brief facts of the case are summarised as under :

2. One Deva Ram preferred a suit for partition with a specific averment that he, Loon Singh, Pratap Ram and Triloka Ram have 1/4th share each in the disputed property and are in joint possession of the said land. He, in the suit prayed for partition of the said land by metes and bounds. In the said suit, an application under Section 212 of the Rajasthan Tenancy Act, 1955 was preferred by him for interim injunction in which at the first instance, an interim order was granted on 27.05.2004 and ultimately the same was finally decided on 10.02.2006 whereby the parties were directed to maintain status quo regarding the disputed property.

3. One suit for specific performance of the contract was filed by one Shiv Prakash Soni (respondent No.11 in the present appeal) with an aver