Divergent orders passed on an application for temporary injunction against alienation in a suit for recovery of possession on title are impugned. The order of injunction granted by the trial court has been vacated by the lower appellate court primarily for the reason that the property has not been identified and that alienation if any would be subject to the result of the suit.
2. It is reported that motion has been made subsequently for appointment of an Advocate Commissioner with the assistance of the surveyor to identify the property. I therefore clarify that the observation in the orders impugned are purely tentative and shall not influence the final disposal of the suit after the report of the Advocate Commissioner. It is also made clear that any alienation made would be subject to the result of the suit only especially since the proposed alienee is already in the party array.
The Original Petition is disposed of.
ncd V. CHITAMBARESH JUDGE