Hon'ble SHARMA, J.—This Civil Misc. appeal under Order 43 Rule 1 CPC has been filed by the appellant against the order dated 3.10.2009 of Additional District Judge No. 5 Jaipur City Jaipur by which the application No. 63/2007 filed by the appellant seeking grant of the temporary injunction in a civil suit for declaration and the permanent injunction was rejected.

2. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

3. Brief facts of the case are that the appellant filed a suit for declaration and permanent injunction against the respondents 1 and 2 herein along with application under Order 39 Rule 1 and 2 CPC in the court of District Judge Jaipur City, Jaipur. The matter was assigned to Additional District Judge No. 5 Jaipur City Jaipur. The appellant stated in her application that her deceased husband Gyarsi Lal was holding agricultural land measuring 4 bigha 8 biswa forming part of Khasa Nos. 1, 2 and 3 situated in revenue village Nagriyawala, Tehsil Sanganer, District Jaipur which is now a days commonly known as Pratap Nagar, Sanganer, Jaipur. The subject land is situated opposite to NRI Colony develo