JUDGMENT :

SANDEEP SHARMA, J.

1. By way of instant application filed under Order XXXIX, rules 1 and 2 read with S.151 CPC, prayer has been made behalf of the applicants/plaintiffs (hereinafter, ‘applicants’) to restrain the non-applicant/defendant from selling, transferring and encumbering the suit property i.e. four storeyed building known as “33, The Mall, Shimla” or leasing out the same during the pendency of the suit. Pursuant to order dated 1.12.2020, whereby this Court, while directing the non-applicant/defendant to maintain status quo qua nature and possession of the suit property directed the nonapplicant/ defendant to file reply to the application, nonapplicant/ defendant has filed the reply. Specific ground with regard to maintainability of the application has been raised on behalf of the non-applicant/defendant.

2. For having bird’s eye of the matter, certain undisputed facts, which may be germane for the proper adjudication of the application are that the applicants filed Civil Suit bearing No. 4080 of 2013, titled Smt. Davinder Parmar vs. Chander Kanta and another, for declaration to the effect that the plaintiffs jointly are owners to the extent of 1/6th share in the fou