A single judge of the Rajasthan High Court at Jodhpur disposed of an appeal against the rejection of an ad-interim injunction. The court directed the trial court to decide the pending application within six months and maintained status quo.
Direction to trial court to decide injunction application within six months; status quo maintained during that period.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 1305/2022
Jetha Ram S/o Shri Govind Ram, Aged About 42 Years, R/o Balotra, Tehsil Pachpadra, District Barmer.
----Appellant
| ----Respondents | ||
|---|---|---|
| For Appellant(s) For Respondent(s) |
: Mr. Anirudh Purohit : |
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/08/2022
The instant Civil Misc. Appeal under Order 43 Rule 1 read with Section 151 of the CPC has been preferred by the plaintiffappellant against the order dated 07.07.2022 passed by the learned District Judge, Balotra (hereinafter referred to as "the learned Trial Court) in Civil Misc. Case No. 23/2021, whereby the learned Trial Court rejected the prayer for grant of ad-interim temporary injunction in favour of plaintiff-appellant.
The plaintiff-appellant preferred a suit before the learned Trial Court seeking a decree for recovery of possession and also for permanent & prohibitory injunction against the respondents for
(2 of 2)
[CMA-1305/2022]
not interfering with the peaceful use, occupation and enjoyment of the suit property.
Alongwith the said suit, an application under Order 39 Rule 1 & 2 read with Section 151 of the CPC was also preferred. The learned Trial Court vide its order dated 07.07.2022 declined to grant ad-interim order in favour of the plaintiff-appellant, hence this Civil Misc. Appeal.
A perusal of the record shows that the application under Order 39 Rule 1 & 2 read with Section 151 of the CPC is pending consideration before the learned Trial Court.
In view of the above, the present Civil Misc. Appeal is disposed of with a direction to the learned Trial Court to decide the application under Order 39 Rule 1 & 2 read with Section 151 of the CPC as early as possible preferably within a period of six months from the date of receipt the copy of this order.
Till then, both the parties are directed to maintain status quo as it exists today with respect to the property in dispute and the suit property shall not be alienated.
(FARJAND ALI),J
25-Arti/-
3 issues framed by the court
Whether to allow the appeal against the rejection of ad-interim injunction by the trial court.
Whether to direct the trial court to decide the pending application for injunction within six months.
Whether to maintain status quo in the disputed property pending the trial court's decision.
3 provisions across 1 enactments
Jetha Ram S/o Shri Govind Ram
Madan Singh S/o Shri Sumer Singh
Hukum Singh S/o Shri Abhay Singh
Shaitan Singh S/o Shri Vishan Singh
Gajey Singh S/o Shri Vishan Singh
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
