[2026:RJ-JP:1081] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2486/2025 Tarachand S/o Shri Prem, Aged About 45 Years, R/o Town Nagar, Tehsil Nagar, District Bharatpur, Presently District Deeg, State Rajasthan ----Appellant Versus 1. Thansingh S/o Shri Ramdayal, Aged About 35 Years, R/o Chirawal Gurjar, Tehsil Nagar, District Bharatpur, Presently District Deeg, State Rajasthan 2. Sub Registrar Nagar, Tehsil Nagar, District Deeg, State Rajasthan ----Respondents For Appellant(s) : Mr. S L Sharma For Respondent(s) : Mr. Kartar Singh HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/01/2026 1. With the consent of learned counsel appearing for both the parties, the present appeal is heard finally. 2. The present appeal has been filed against the order dated 07.03.2025 passed by learned Additional District Judge, Nagar, District Bharatpur, whereby the temporary injunction application filed by the defendant-respondent has been allowed, restraining the respondent from alienating the 1/3rd share of Khasra No.1198/0.74 situated in Village Nagar, Tehsil Nagar. It has further been ordered that status quo of records shall also be maintained. 3. Learned counsel for the appellant submits that the suit for specific performance has been filed only in respect of a plot [2026:RJ-JP:1081] (2 of 3) [CMA-2486/2025] ad-measuring 30x40 Sq. Ft. in 1/3rd share of the defendant in Khasra No.1198/0.74. 4. He further submits that at the best, the prima facie case of the plaintiff could have been only to the extent of 30x40 Sq. Ft. and not on the entire share of land of the appellant and, therefore, he prays that the order impugned dated 07.03.2025 may kindly be quashed and set aside. 5. Per contra, learned counsel for the respondent submits that his right is only on 30x40 Sq. Ft. of land. However, he submits that to avoid the multiplicity of the suit and to protect his right, the learned Trial Court has rightly passed the order. 6. Heard both the parties and perused the material available on record. 7. This Court finds that the suit had been filed for specific performance and permanent injunction regarding a plot No.30x40 Sq. Ft. in 1/3rd share of the plaintiff in Khasra No.1198/0.74 situated in Village Nagar, Tehsil Nagar. Since the claim of the plaintiff-respondent is only on 30x40 Sq. Ft. of land and therefore, no order could have been passed by the learned Trial Court restraining the defendant in respect to the entire 1/3rd share of the land of the defendant. 8. Therefore, this Court finds that order dated 07.03.2025 requires modification. In view of the above, this Court deems it appropriate to modify the order dated 07.03.2025 in a manner that the defendant-appellant is restrained from alienating or creating any third party interest in respect of an area of 30x40 Sq. Ft. in Khasra No.1198/0.74 from his 1/3rd share. [2026:RJ-JP:1081] (3 of 3) [CMA-2486/2025] 9. The defendant-appellant is also directed to maintain status quo of records in regard to the land 30x40 Sq. Ft. 10. With the above observations, the present Civil Miscellaneous Appeal stands disposed of. 11. All pending application(s) also stand disposed of. (BIPIN GUPTA),J MAHIMA/29