( 1 ) THIS Order shall dispose of two inter linked matters, heard analogously. Both matters arise out of a common order passed on 16-10-1990 in Civil Suit No. 9a of 1990, by learned Fourth Additional District Judge, Gwalior. By that order, he disposed of simultaneously the application of plaintiff Jyotiraditya Scindia for temporary injunction and the application of the appellant/revisionist, Shrimant Vijaya Raje Scindia, impleaded in the suit as defendant No. l, for rejection of the plaint. He held that the plaintiffs suit and his application for temporary injunction could not be thrown out at the threshold and that no case was made out to do so under O. VII, Rr. 5, 7 and 11 read with S. 151, C. P. C. In deciding the application of the plaintiff for temporary injunction, he found a prima facie case made out and held that balance of convenience was in favour of the plaintiff who would suffer irreparable injury if defendant No. 1 was not restrained from alienating, transferring and parting with possession of any of the properties in dispute.

( 2 ) SHORTLY put, the plaintiff's case is that the suit property was ancestral property. The relationship of parties and other m