With the consent of the parties, this appeal as well as I.A.NO.3441/2012 were heard together. In I.A.NO.3441/2012 the respondent no.13 seeks vacation of the interim order dated 11th April, 2012 passed by this Court.

2. The present appeal is directed against the order dated 03.03.2012 passed by Civil Judge, Senior Division-VII, Jamshedpur in Title(Partition) Suit no.105/2011 whereby learned court below has rejected the plaintiff-petitioner's prayer for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 C.P.C., restraining the defendant nos.3,5,13 and 14 from transferring he suit property by constructing a building or ownership thereon, till the disposal of the suit and in the meantime the defendant nos.3,5,13 and 14 be directed to maintain status quo in respect to the property of the plaint.

In the said suit, the plaintiff has sought a decree for declaring the right, title and interest of the plaintiff over the suit property (Schedule B property to the plaint) and in alternative if the court finds that there was no partition amongst the vendors of plaintiffs and other co-sharers then a preliminary decree may be passed for partition of the suit property (Sc