Rakesh Kumar Garg, J.—For the reasons recorded, this application is allowed. Order dated 31.3.2010 is recalled and the appeal is restored to its original number

RSA No.1097 of 2010

This is plaintiff’s second appeal challenging the judgment and decrees of the courts below whereby his suit for permanent injunction restraining the respondents from alienating the suit land was dismissed. As per the averments, the appellant was in exclusive possession of the property in question being co-owner. The defendants are also co-owners in the suit property. However, they have no right to alienate the suit property more than their share but they have threatened to dispose of the suit property more than their share. Hence, the present suit.

2. Upon notice, the defendant/respondents filed written statement contesting the averments made in the plaint raising various legal objections. They further stated that the plaintiff/appellant has failed to disclose the factum of the pendency of an earlier suit titled as Amarjit Singh v. Gurcharan Singh etc. in which he was also a party and had filed written statement.

3. The property in question was given to defendants No.2 and 3 in family settlem