JUDGMENT

By the impugned order dated 8.9.2021, prayer of the plaintiff-appellant, for ad interim injunction was refused by the learned Trial Court.

2. It would be apt to look at the genealogy of the parties and the date and events prior to the suit to appreciate the nature of dispute between the parties.

3. One Ladu S/o Jamman died in 1976 leaving behind three sons; (I) Sheola @ Sheo Narain; (ii) Nathu Ram; and (iii) Om Prakash. Nathu Ram and Om Prakash brought a suit under the provisions of the Rajasthan Tenancy Act before revenue court for declaration that property purchased in the name of Shiv Narain by Ladu Ram was from the income of joint family funds and as such was joint family property. Further prayer was that the joint family property in the name of Ladu Ram and Shiv Narain be divided amongst three brothers equally and an injunction be issued restraining the defendant Shiv Narain from dealing with the property or causing obstruction in enjoyment of the same by the plaintiffs. The suit was ultimately decreed by judgment dated 22.2.2001 deciding 1/3 share to each of the three brothers in the suit property. Sheo Narain who was defendant in the suit had died during the pendenc