Roop Barayan Saini Vs Nagar Vikas Nyas Alwar and Anr.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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S. B. Civil Misc. Appeal No. 2658/2013 Roop Narayan Saini Vs. Nagar Vikas Nyas, Alwar

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Date of Order

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::: 06.01.2015

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HON'BLE MR. JUSTICE ATUL KUMAR JAIN

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Mr. Shiv Charan Gupta, for appellant. Mr. Parag Rastogi, for respondent.

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After hearing both the parties and after perusal further order dated 6^th August, 2013 which was passed by Additional District Judge No.1, Alwar in civil appeal No. 46/2013 whereby the prayer for temporary injunction of Roop Narayan Saini, the appellant/plaintiff was dismissed, it has come to the notice of this court that prayer for temporary injunction was dismissed only because of the reason that the applicant did not mention in the pleadings of his application that a prima facie case exists in his favour and also other two ingredients on the basis of which temporary injunction should have been passed.

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In the considered opinon of this court pleadings should have been read as a whole and only because of some lacuna in the pleadings, in this manner, the prayer for temporary injunction should not have been dismissed by the appellate court.

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Hence, the order dated 6^th August,2013 passed by Additional District Judge No.1, Alwar is hereby quashed and set aside. The said court is directed to rehear the parties and it is also directed that an order on merits of the case to the extent of prayer for temporary

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injunction should be passed afresh by the said court.

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This appeal as well as stay application stand disposed of accordingly. Copy of this order be sent to the said court immediately.

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(ATUL KUMAR JAIN),J

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S/No.58 sunita

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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(Sunita Kanwar) Jr.P.A.

Roop Barayan Saini v. Nagar Vikas Nyas Alwar and Anr.

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Roop Barayan Saini v. Nagar Vikas Nyas Alwar and Anr.

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