Disposed

Shiv Lal and Ors. v. Judicial Magistrate Pali and Ors.

Rajasthan HC2 Aug 2018CW/2809/2018

Case brief

AI extract

What is this about?

Petitioners sought writ to quash the order denying interim injunction against a mobile company erecting a tower. The High Court disposed of the petition directing the trial court to decide the final temporary injunction application within one month.

What did the court decide?

Directions to the learned judicial magistrate to decide the temporary injunction application preferred by the petitioners finally within a period of one month.

Shiv Lal and Ors. Vs Judicial Magistrate… — Civil Procedure and Limitation | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 2809/2018

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Shiv Lal S/o Shri Vaja Ram , By Caste Meghwal, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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Jassa Ram S/o Shri Vaja Ram , By Caste Meghwal, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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Suresh S/o Shri Tara Chand Garg , B/c Meghwal, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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----Petitioners

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Versus

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Judicial Magistrate , Pali

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Amra Ram S/o Shera Ram , By Caste Choudhary, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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Hema Ram S/o Shera Ram , By Caste Choudhary, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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Bhana Ram S/o Amra Ram , By Caste Choudhary, R/o Meghwalon Ka Bas, Village Sapuni Sodhawas, Tehsil And District Pali, Raj..

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Sarpanch , Gram Panchayat Sodhawas, Tehsil And District Pali.

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Tehsildar , Collectorate Campus, Pali.

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State Of Rajasthan Through District Collector , Collectorate Campus, Pali.

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Reliance Jio Infocom Limited , Registered Office- Iiird Floor, Majer No. 4, 222 Nariman Point Mumbai, Through General Manager At Pali Office, In Front Of Krishna Hotel, New Bus Stand, Tehsil And District Pali. Raj..

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----Respondents

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For Petitioner(s)	: Mr. Mahendra Vishnoi
For Respondent(s)	: Mr. Narendra Rajpurohit

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(2 of 2)

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[CW-2809/2018]

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/08/2018

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The petitioners have preferred this writ petition under Article 226/227 of the Constitution of India claiming the following

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reliefs:

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“A. The order impugned order 25.01.2018 (Annex.3) passed by the learned judicial magistrate in civil case No.10/2018 may kindly be set aside and quashed.

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B. By an appropriate writ order or direction, the Respondents may kindly be restrained from erecting/installing and operating the mobile tower/pole antenna.

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C. By an appropriate writ order or direction, the application for temporary injunction filed by the petitioner before the learned trial court may kindly be allowed.

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D. Writ petition filed by the petitioners may kindly be allowed with costs.”

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Learned counsel for the petitioners submits that neither the interim temporary injunction application has been decided nor the interim order was granted, as reflected in the impugned order dated 25.01.2018.

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Learned counsel for the petitioner submits that more than six moths have passed and the learned court below is yet to decide the petitioners’ application under Order 39 Rule 1 & 2 CPC finally.

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In view of the above, the present writ petition is disposed of with the direction to the learned court below to decide the temporary injunction application preferred by the petitioners finally within a period of one month from today.

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(DR.PUSHPENDRA SINGH BHATI),J.

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/zeeshan/

Shiv Lal and Ors. v. Judicial Magistrate Pali and Ors.

Case brief

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Shiv Lal and Ors. v. Judicial Magistrate Pali and Ors.

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