1. This is plaintiff's miscellaneous appeal preferred under O.43, R.1(r) of the Code of Civil Procedure, 1908 (for brevity, the Code of 1908) questioning the propriety of the order, dated 05.08.2017 passed by the learned 4th Additional District Judge, Ambikapur, Dist. Surguja in Civil Suit No.A67/2011 whereby the plaintiff's application for issuance of temporary injunction filed under O.39, R.1 & R.2 read with S.151 of the Code of 1908 has been rejected.

2. The undisputed facts of the case are that the plaintiff instituted a suit claiming partition, separate possession, injunction and also for declaration that the registered deeds of sale executed by his father Madan Chand Keshari (defendant No.3), in favour of defendants be declared as null and void. It is pleaded in the plaint that the properties described in plaint Schedule 'A' were the self - acquired properties of his grandfather Ramdayal, who expired on 13.07.1966 and after his death, it was inherited by him along with his father Madan Chand Keshari, brother Dinesh Kumar Keshari, the defendant No.2 and mother Rukmini Devi. It is pleaded further that defendant No.3 Madan Chand, being a Karta of the family, has sold the proper