This appeal is directed against the order dated 22nd October, 2003 propounded by learned Additional District Judge, Jammu, whereby the application of the appellant/plaintiff for temporary injunction was ordered to be dismissed on the presentation of an undertaking by the respondents/defendants that in case any change is made in the suit property after order of this Court, the same shall be dismantled/removed by them at their own expenses, if they failed in the suit after the trial of the same.

2. It appears that in a suit for partition by metes and bounds of the property explicitly delineated in the schedule of plaint and for possession to the extent of 1/4th share in the said property, commenced by the appellant/plaintiff, an application supported by an affidavit also came to be initiated for the grant of ad interim injunction in invoking the provisions of Order 39 Rules 1 and 2 read with Section 151 of the CPC, in restraining the defendants/non-applicants from executing deeds of transfer of the proportion of the household and defendant No.1 from raising any construction over the said portion of the suit property consisting of Quarter Nos220/221, Rehari Colony, Jammu. While issuing

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