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REKHA BORANA
Ghanshyam Meena S/o Sh. Narayan Meena – Appellant
Versus
Champa Devi W/o Late Sh. Shankar Lal Meena – Respondent
JUDGMENT :
1. The present miscellaneous appeal has been preferred against the impugned order dated 03.11.2023 passed by the Additional District Judge No.3, Udaipur in Civil Misc. Case No.84/2022 (CIS No.84/2022), whereby an application under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the TI Application’) as preferred by plaintiff–appellant Ghanshyam Meena has been partly allowed. Vide the order impugned, defendant-respondent No.7 Grace Colonizers Pvt. Ltd. has been restrained from alienating (selling) the property in question with effect from the date of the order i.e. 03.11.2023.
2. In the present appeal, appearance in caveat for respondent No.7 has been given by counsel Mr. J.M. Choudhary.
Both the counsels for plaintiff and respondent No.7 agree that the matter be heard finally as the relief in the present appeal has been prayed for against respondent No.7 only.
In view of the submission made, final arguments were heard and the order was reserved.
3. Before taking note of the arguments as raised by both the counsels on merits of the case, a brief of the facts is essential :
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