1. This miscellaneous appeal under O.43 R.1(r) of the CPC is at the instance of the defendant challenging the order of temporary injunction dated 29.4.2017 passed by the trial Court in C.S. No.30A / 2017.

2. The respondent (plaintiff) has filed the suit and an application for temporary injunction with the plea that suit property was purchased by his grand - father Chunnilal and his sons Jamnalal, Kanhaiyalal and Biharilal. Chunnilal had died 60 years back. Kanhaiyalal and Biharilal were unmarried and had died without leaving any heir. Hence Jamnalal became sole owner, who had also died in 1995 leaving behind the appellant, respondent and their three sisters. It was further pleaded that after reconstructing part of the suit house appellant is residing therein and he has kept t