K.R. Mohapatra, J.—This appeal has been filed assailing the order dated 16.01.2012 passed by the learned Civil Judge (Senior Division), Jaleswar in I.A. No.7 of 2012 arising out of C.S. No.5 of 2012, wherein, the learned Civil Judge granted an ex parte ad interim injunction in exercise of power conferred under Order 39 Rule 3, C.P.C. restraining the appellant and others from alienating the suit property during pendency of the suit.

2. Civil Suit No.5 of 2012 has been filed by plaintiff/respondent no.1 for partition of the suit schedule property, to declare the gift deed executed by the defendant nos. 1 to 3 in favour of defendant nos. 4 and different sale deeds executed in favour of defendant nos. 5 and 6 as null and void. and for permanent injunction. Along with the plaint, the plaintiff-respondent no. 1 filed an application under Order 39 Rule 1 and 2, C. P. C. (I.A. No.7 of 2012) praying, inter alia, to restrain the defendants from alienating the suit property. The plaintiff also filed an application under Order 39 Rule 3, C. P.C. along with the said interim application with a prayer to pass an ex parte ad interim injunction. Entertaining the aforesaid applications, the l