JUDGMENT 1. (Oral) - The present Misc. Appeal has been filed under Order 43, Rule 1 (r) of the Code of Civil Procedure by the appellant-defendant-Shahrukh, in a suit for cancellation of the sale-deed dated 05.12.2000 which was executed in his favour by Ismail S/o Rehmatullah Musalman Teli and has been challenged by another Ismail @ Munna S/o Lal Mohammed Solanki Teli, against the order dated 30.05.2015 passed by the learned District Judge, Churu in Civil Misc. Case No. 38/2011 "Ismail alias Munna v. Shahrukh Khan" by which, the learned Trial Court had allowed the application filed by the respondent-applicant under Order 39, Rule 1 & 2 read with Section 151 of the Code of Civil Procedure and granted temporary injunction in his favour to the following effect:- " viw.khZ; {kfr pwafd mijksDr foospu ds vuqlkj izFke n'"V;k ekeyk vkSj lqfo/kk dk lUrqyu izkFkhZ ds i{k esa lkfcr ik;s x;s gSaA iwoZorhZ fodz; foys[k o"kZ 2000 ds vuqlkj izkFkhZ fookfnr d'f"k Hkwfe dk dzsrk] dCtk/kkjh vkSj mi;ksx miHkksxdrkZ gSaA ,sls esa ;fn mls fookfnr d'f"k Hkwfe ls csn[ky dj fn;k tkrk gS rks blls izkFkhZ dks ,slh {kfr dkfjr gksxh ftldk vkadyu eqnzk esa ugha fd;k tk ldsxkA vr% viw.khZ; {kfr dk fcUnq Hkh izkFkhZ ds i{k esa lkfcr ik;k tkrk gSA mijksDr foospukuqlkj vLFkkbZ fo"ks/kkKk tkjh djus ds laca/k esa rhuksa fcUnq izkFkhZ ds i{k esa lkfcr ik;s x;s gSa blfy, izkFkhZ dk izkFkZuk&i= Lohdkj fd;s tkus ;ksX; ik;k tkrk gSA vkns'k ifj.kker% izkFkhZ bLek;y mQZ eqUuk }kjk izLrqr vLFkkbZ fu"ks/kkKk dk izkFkZuk&i= vUrxZr vkns'k 39 fu;e 1 o 2 lifBr/kkjk 151 flfoy izfdz;k lafgrk Lohdkj fd;k tkdj vizkFkhZ 'kkg:[k [kku ds fo:) bl vk'k; dh vLFkkbZ fu"ks/kkKk d'f"k Hkwfe [kljk la[;k 159 rknknh 10 ch?kk 8 fcLok jksgh ekStk dLck pq: dh 2 ch?kk 12 fcLok d'f"k Hkwfe ij dkfct izkFkhZ ds dCtk ,oa LokfeRo ckcr fdlh izdkj dk dksbZ gLr{ksi djus ls fuf"k) jgsA Sd/- ( jes'k pUn eh.kk ) ftyk ,oa lS'ku U;k;k/kh'k pq: ( jkt0 ) 2. The learned counsel Mr. S.G. Ojha, Mr. Om Rajpurohit appearing for the appellant-defendant submitted that the sale-deed claimed by the plaintiff-Ismail @ Munna S/o Lal Mohammed Solanki Teli was executed on 05.12.2000 whereas, the present registered sale deed in favour of the defendant-Shahrukh S/o Hidayat Khan Dilawarkhani was executed by the seller Ismail S/o Rehmatullah Teli on 20.10.2011. 3. The learned counsel Mr. S.G. Ojha, Mr. Om Rajpurohit appearing for the appellant-defendant submitted that the sale-deed claimed by the plaintiff-Ismail @ Munna S/o Lal Mohammed Solanki Teli was executed on 05.12.2000 whereas, the present registered sale deed in favour of the defendant-Shahrukh S/o Hidayat Khan Dilawarkhani was executed by the seller Ismail S/o Rehmatullah Teli on 20.10.2011. 3. It is noticed that the learned Court below has observed that the registered sale-deed dated 05.12.2000 in favour of the plaintiff-Ismail @ Munna was only 2 bighas and 12 biswas out of the total holdings of the seller to the extent of 10 bighas and 8 biswas; whereas, in the another registered sale-deed executed in favour of the defendant-Shahrukh by the same seller Ismail S/o Rehmatullah Teli has stated that "in joint holdings of land in question situated at Rohi, Churu, namely khasra No. 150 admeasuring 10 bighas 05 biswas, khasra No. 151 admeasuring 19 bighas 14 biswas, khasra No. 159 admeasuring 10 bighas 08 biswas, khasra No. 160 admeasuring 07 bighas 02 biswas, khasra No. 165 admeasuring 27 bighas 18 biswas, totalling five khasra, land admeasuring 75 bighas 07 biswas, the seller Ismail S/o Rehmatullah Teli has 1/4th share only and out of his share, he has agreed to sell 02 bighas 12 biswas of non-specified and defined part of agricultural land to the defendant-Shahrukh and the same has been sold out under the aforesaid registered sale-deed dated 05.12.2000. No reference of the previous sale made by the seller Ismail S/o Rehmatullah Teli has been made in the present sale-deed. 4. Upon perusal of the material available on record, this Court is of the view that a sale made in favour of the plaintiff Ismail @ Munna S/o Lal Mohammed Solanki Teli, way back in the year 2000, on 05.12.2000, by the seller Ismail S/o Rehmatullah Teli, which was sought to be cancelled by the plaintiff Ismail @ Munna S/o Lal Mohammed Solanki Teli by asserting that the seller has sold the same land by executing another sale-deed dated 21.10.2011 in favour of the present defendant-Shahrukh and under the garb of the aforesaid sale-deed dated 21.10.2011, the plaintiff was sought to be dispossessed from the land in question. 5. 5. This Court is of the opinion that the temporary injunction granted by the learned Trial Court in the present matter in favour of the plaintiff-applicant appears to be just and proper to protect the rights of the plaintiff - Ismail @ Munna himself during the pendency of the suit and, therefore, no valid grievance can be raised by the defendant against grant of such temporary injunction. The appeal is thus found to be devoid of any merit and the same is liable to be dismissed. 6. Accordingly and in view of the above, the present Misc. Appeal filed on behalf of the appellant-defendant-Shahrukh S/o Hidayat Khan Dilawarkhani stands dismissed. No costs. A copy of this order be sent to the learned Court below and to the parties concerned forthwith.Appeal dismissed. *******