The High Court of Rajasthan dismissed the appeal as infructuous because the original suit had been decided, rendering the application under Order 39 Rules 1 and 2 CPC for which the appeal was filed, without independent significance.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
J U D G M E N T
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.736/2006
Rameshwarlal Versus Babulal & Ors.
Date of Judgment :: 26.02.2015
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr. Rajesh Punia for the appellant
BY THE COURT :
Learned counsel for the appellant submits that the
original suit itself has been decided, therefore, this appeal against the order passed in an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure has become infructuous.
Dismissed, accordingly.
[JAISHREE THAKUR], J.
[GOV IND MATHUR], J.
Pramod
1 issue framed by the court
Whether an appeal against an order in an interim injunction application is maintainable when the original suit has already been decided.
1 provisions across 1 enactments
Rameshwarlal
Babulal & Ors.
Govind Mathur
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
