The High Court allowed the writ petition by remanding the matter back to the trial Court to decide the application for temporary injunction afresh, finding the appellate Court's order self-contradictory.
Remanded the matter to the Additional Civil Judge, Beawar, to decide the temporary injunction application filed by the petitioner-plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4164/2019
Shri Sunil Kumar Bohra, Aged About 53 Years, Adopted Son Of Late Shri Noratmal Bohra, By Caste Oswal Jain, R/o 116, Niwas Shahpura, Beawar, R/o 25, Shree Shrimal Gali, Mahaveer Bajar, Beawar, District Ajmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Gopendra Singh Shekhawat For Respondent(s) : Mr.GP Sharma
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order
04/07/2019
The present writ petition has been filed by the petitioner-plaintiff challenging the order dated 11th February, 2019 passed by Additional Session Judge No.1, Beawar, District Ajmer (Rajasthan) whereby the appeal filed by the respondentsdefendants has been allowed and the order, granting temporary injunction vide order dated 15th February, 2018 by Additional Civil
(2 of 2)
[CW-4164/2019]
Judge & Judicial Magistrate, Ist Class No.2, Beawar, District Ajmer, has been set aside.
This Court finds that the trial Court, while passing the order dated 15th February, 2018, decided the application filed by the plaintiff under Order 39 Rule 1 & 2 read with Section 151 CPC. This Court finds that the trial Court had recorded finding that the issue with regard to considering the case on prima facie basis, balance of convenience and irreparable loss was not in favour of any of the parties, however, the Court below passed the order by restraining the defendants from alienating the property in question.
This Court perused the order of the Appellate Court dated 11th February, 2019. The Appellate Court has set aside the order dated 15th February, 2018.
This Court finds that the Appellate Court ought to have remanded the matter back to Additional Civil Judge & Judicial Magistrate, Beawar for deciding the application afresh, as the order was self-contradictory.
This Court, without recording any finding on merits of the case, deems it proper to remand the matter back to Additional Civil Judge & Judicial Magistrate Ist Class No.2, Beawar, District Ajmer to decide the application filed by the petitioner-plaintiff under Order 39 Rule 1 & 2 read with Section 151 CPC. The said application be decided in expeditious manner but in no case later than two weeks after receipt of copy of this order.
With the aforesaid directions, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J
Preeti Asopa /81/3
2 issues framed by the court
Whether the appellate Court ought to have remanded the matter back to the trial Court for deciding the temporary injunction application afresh due to self-contradiction.
Whether the trial Court was directed to decide the application filed by the petitioner-plaintiff in expeditious manner.
1 provisions across 1 enactments
Shri Sunil Kumar Bohra
Smt. Kamla Devi Bohra
Shri Motilal Bohra
Shri Lalit Kumar
Municipal Council, Beawar
Sub-Registration Officer, Beawar
ASHOK KUMAR GAUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
