Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rajasthan Preemption Act, 1966–Sec. 6–Grant of temporary injunction–Justification–For concluding the prima facie case of plaintiff as regard to pre-emption right, trial Court relied on a compromise decree, which cannot be categorized as a decision of Court–Construction of appellant-defendant was stalled and he was deprived to enjoy the property being it’s bonafide purchaser–Further, trial Court failed to address the crucial issue while deciding two other elements–Impugned order set aside and trial Court is directed to de novo decide the application.
