ORDER

This miscellaneous appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, is filed by the appellants-Plaintiffs being aggrieved of the order dated 02.11.2019 passed by the learned Third Additional District Judge, Seoni in RCSA No.189/2017 (Smt. Kusum Kanti Rai through Legal Heirs Vs. Vinod Singh and others), whereby learned Third Additional District Judge has though granted direction to maintain status quo in regard to other properties but, has refused to grant injunction in regard to Survey No.330/2 and 330/5.

2. Learned counsel for the appellants-plaintiffs submits that plaintiff-Smt. Kusum Kanti Rai was the daughter of deceased Bhaiyalal and step daughter of deceased Leelawati.

3. Plaintiff's claim on the suit property is based on the basis of being daughter of Bhaiya Lal and Leelawati, whereas defendants are claiming their right over the suit property on the basis of 'Will'.

4. It is submitted that unless partition is carried out in regard to the said land, no order of injunction could have been granted in relation to Survey No.330/2 measuring 0.316 Hectares and Survey No.330/5 measuring 0.89 Hectares.

5. Reliance i