JUDGMENT

This Appeal under Order 43 Rule 1 (r) C.P.C. has been filed against the order dated 20.01.2015 passed by learned IInd Additional Civil Judge (Senior Division), Dehradun in Original Suit No. 372 of 2013. By the said order, temporary injunction application filed by the appellant, who is plaintiff in the suit, has been rejected.

2. Appellant filed a suit for partition. Alongwith the said suit, she filed a temporary injunction application with a prayer that the defendants to the suit be restrained from interfering with the peaceful possession over the property in question. The appellant had also sought injunction against the defendants, restraining them from creating any third party interest over the suit property and also from changing the nature of the suit property. The said application was rejected by the trial Court, by placing reliance upon an affidavit filed by the appellant (plaintiff) in proceedings under Section 34 of L.R. Act, wherein she had made a statement that the suit property has been partitioned much earlier. Learned trial Court has also considered the fact that the appellant herself has earlier transferred her share in the suit property in favour of defendant