JUDGMENT

1. In this appeal, Order dated 22nd February 2021, passed by Principal District Judge, Budgam, whereby the court of Principal District Judge, Budgam, in a civil suit titled as Mst Jana v. Mohammad Shaban Wani and others, has restrained defendants before it, i.e., present appellants and respondents 2 to 5, from alienating, creating any third party interest or changing the nature of the suit property till final disposal of the main suit, is under challenge on the grounds mentioned therein.

2. I have heard learned counsel for parties and considered the matter.

3. Learned senior counsel appearing for appellants, after making submissions with regard to facts of the case, has submitted that in view of the facts and circumstances of the case the Trial Court could not have passed the impugned order of injunction. He contends that succession with respect to the property in question opened in the year 1954, when Ahmad Wani passed away and it is after more than 66 years, i.e., in October 2020, that respondent no.1 instituted a suit, claiming that property is joint and this aspect of the matter has been ignored by the Trial Court. It is also stated that the Trial Court had ignored that w