1. This order shall also govern the disposal of M.A. No. 3197/09 as in both the appeals, parties are one and same and both the appeals are arising out of Civil Suit No. 2-A/08. In M.A. No. 3195/09 the appeal is filed against the order dated 7-10-2009 passed by District Judge, Indore whereby the application filed by the Appellant under Order XXXIX, Rules 1 and 2, Code of Civil Procedure was dismissed in part. In M.A. No. 3195/09 cross-objections have also been filed by the Respondent No. 1. In M.A. No. 3197/09 the appeal is against the order dated 14-10-2009 whereby LA. Nos. 5/08 and 29/09 filed by the Appellant for restraining the Respondent Nos. 1 to 3 from appropriating/alienating the immovable property was dismissed.

2. Short facts of the case are the Respondent No. 1 is mother of the Appellant. Respondent No. 2 is the widow of deceased Jaspreet Singh Anand who happens to be brother of the Appellant. Respondent No. 3 is adopted son of Respondent No. 2 while Respondent No. 4 is sister of the Appellant. Respondent Nos. 7 to 9 are wife and children of the Appellant while Respondent Nos. 10 to 12 are children of Respondent No. 4 Jagjitsingh who was father of Appellant and husban