Writ petition challenging concurrent orders rejecting interim applications and appeals under Order XXXIX, Rules 1 and 2 CPC. Court found no prima facie case and dismissed the petition.
Writ petition dismissed as it lacked substance due to finding of no prima facie case.
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1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: O R D E R :
S.B. CIVIL WRIT PETITION NO.1040/2013
(Smt. Balu Kanwar & Anr. Vs. Manohar Dan & Ors.)
Date of Order
06th February, 2013
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Kaushal Sharma, for the petitioners.
BY THE COURT:
This writ petition has been filed against the order dated 26.11.2012 passed by the Additional Civil Judge (Junior Division) No.3, Jodhpur Metropolitan and order dated 07.01.2013 passed by the Additional District Judge No.1, Jodhpur Metropolitan, whereby, the application filed under Order XXXIX, Rule 1 and 2 CPC and appeal arising thereof have been rejected by both the courts below.
I have heard learned counsel for the petitioners and perused the orders impugned as well as the material placed on record.
Both the courts below have concurrently found absence of prima facie case in favour of the petitioners. Nothing glaring has been shown by the petitioners so as to warrant interference by this Court in the said concurrent findings.
In that view of the matter, the writ petition is without any substance and the sane is, therefore, dismissed.
(ARUN BHANSALI), J.
A.K.Chouhan/- 82
1 issue framed by the court
Whether this Court should interfere with concurrent findings of the courts below rejecting applications under Order XXXIX, Rules 1 and 2 CPC due to absence of prima facie case.
2 provisions across 1 enactments
Balu Kanwar & Anr.
Manohar Dan & Ors.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
