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Judgment
Mr. Rajesh Parihar, learned counsel having earlier entered appearance on behalf of the respondents No.2 and 3, pleads no instructions. Hence,
the appeals are being heard and decided.
All these appeals under Order XLIII Rule 1(r) of the Code of Civil Procedure have been preferred against the order dated 30.05.2014 passed
by Additional District Judge, Rajsamand. These appeals have been admitted and in each case an interim order in the following terms has been
passed :-
In the meanwhile, the operation of the impugned order dated 30.05.2014 passed by the learned Additional District Judge,Rajsamand granting
partial injunction in favour of the respondents-plaintiffs restraining the present appellants, who are the bona fide purchasers of the suit land and
developers of the land, from transferring the suit land in question, in favour of third-party, shall remain stayed but, any such transfer shall remain
subject to the final decision of the suit as per Section 52 of the Transfer of Property Act.
Heard Mr. Sandeep Saruparia, learned counsel for the appellants and perused the material available on record. The facts in brief necessary for
adjudication of these appeals are that the plaintiff had filed a suit for cancellation of sale deeds wherewith an application under Order XXXIX Rule
1 & 2 of the Code of Civil Procedure was also filed. While deciding the application for temporary injunction, trial court had passed the following
injunction :- ""VERNACULAR MATTER OMITTED
The said order has been modified by this Court by way of interim order as referred hereinabove.
In the facts of the present case, this Court is of the considered opinion that during the pendency of the suit, the rights of the appellants, which
have been protected by this Court by way of present interim order needs to be protected and the interim order deserves to be made absolute.
As such the present appeals are disposed of with the observation that the interim order passed by this Court passed separately in each of the
appeals shall continue till disposal of the suit in question.
All appeals stands disposed of.