Allowed

Ratan Lal and Ors. v. Mohan Lal and Ors.

Rajasthan HC11 Jan 2019CMA/1986/2016

Case brief

AI extract

What is this about?

The High Court allowed the civil miscellaneous appeal and held it inexpedient to interfere with the impugned order granting temporary injunction, as the main suit has been pending since 2014. The Court directed expedious trial.

What did the court decide?

Disposed of the appeal; refused to interfere with the interim injunction; directed trial Court to decide the suit expeditiously.

Ratan Lal and Ors. Vs Mohan Lal and Ors. — Partition | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1986/2016

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Ratan Lal S/o Shri Madhu Ji Jat, Aged about 45 years, R/o Kharitada, Tehsil-Rashmi, District-Chittorgarh.

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Smt. Geeta D/o Shri Madhu Ji Jat, W/o Shri Prabhu Ji Jat, Aged about 58 years, R/o Dhanet Khurd, Tehsil & District Chittorgarh.

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Smt. Shankari D/o Shri Madhu Ji Jat, W/o Shri Jagannath Ji Jat, Aged about 55 years, R/o-Rud, Tehsil-Rashmi, DistrictChittorgarh.

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Smt. Pyari D/o Shri Madhu Ji Jat, W/o Shri Goverdhan Ji Jat, Aged about 50 years, R/o Dindoli, Tehsil- Rashmi, DistrictChittorgarh.

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----Appellants

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Versus

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Mohan Lal S/o Shri Gopi Ji Jat, R/o Naga Ka Kheda, Tehsil Gangrar, District Chittorgarh.

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Kalu S/o Shri Kishna Ji Jat, R/o-Rolaheda, Tehsil & DistrictChittorgarh.

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Tehsildar, Gangrar, District-Chittorgarh.

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----Respondents

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For Appellant(s) : Mr. A.K. Babel For Respondent(s) : Mr. I.R. Choudhary

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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11/01/2019

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Heard learned counsel for the parties and perused the impugned order.

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By the impugned order, learned Additional District Judge No.3, Chittorgarh (for short, ‘learned trial Court’) has allowed application of the respondent-plaintiff under Order 39 Rule 1 & 2 CPC for grant of temporary injunction in the suit for partition, declaration and perpetual injunction. The learned trial Court, after

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(2 of 2) [CMA-1986/2016]

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considering the available material, has recorded his finding on prima facie case in favour of respondent-plaintiff and against the appellant-defendant. That apart, the learned trial Court has also concurred with the arguments of learned counsel for the respondent-plaintiff on the remaining two issues for grant of temporary injunction.

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It is borne out from the record that suit is pending since 2014 and the impugned order was passed as back as on 06.05.2016, wherein defendant are simply restrained not to alienate the suit property. Therefore, in my view, with the passage of time, it would not be appropriate to interfere with the impugned order. It is also noteworthy that by now the suit itself might have materially progressed, and therefore, without expressing any opinion on merits of the impugned order, I feel persuaded not to interfere with the same. However, the learned trial Court is expected to proceed with the trial of the main suit with utmost expediency and decide the same as early as possible.

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Both the parties are also expected to cooperate the learned trial Court for expeditious disposal of the main suit.

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35-AnilKC/-

Ratan Lal and Ors. v. Mohan Lal and Ors.

Case brief

What is this about?

What did the court decide?

Ratan Lal and Ors. v. Mohan Lal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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