JUDGMENT :

Jyotsna Rewal Dua, J.

Challenge in the instant appeal is to the order dated 3.4.2012 passed by the learned District Judge, (Exercising the powers of Tribunal under Wakf Act), Shimla, whereby application under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as CPC) moved by the respondent No. 1/plaintiff was allowed with following operative directions:-

"... The allegations of the plaintiff could not be treated without any basis. As such, the defendant No. 1 is liable to be restrained from further transferring the possession of the suit shop to third parties. The defendants No. 1 and 2 are also restrained from carrying out partition of the suit shop. The application under Order 39 Rules 1 and 2 read with Section 151 CPC of the plaintiff is accordingly allowed. Nothing herein contained shall be deemed as an expression of opinion on the merit of the dispute...."

2. The parties hereinafter are being referred as they were before the learned Court below.

3. Brief facts necessary for adjudication of this appeal may be noticed hereinafter:-

3(i) Suit for permanent prohibitory injunction was filed by the plaintiff primarily seeking f