Disposed

Lrs of Shri Narayan Lal and Ors. v. Shankar Lal and Anr.

Rajasthan HC26 Apr 2022CMA/1799/2017

Case brief

AI extract

What is this about?

The High Court disposed of a Civil Misc. Appeal challenging an order granting temporary injunction. The court directed the trial court to decide the original partition suit within six months while maintaining the injunction pending final disposal.

What did the court decide?

Direction to the trial Court to decide the suit within six months; temporary injunction to remain in force.

Lrs of Shri Narayan Lal and Ors. Vs Shankar Lal and Anr. — Partition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 1799/2017

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Lrs Of Late Shri Narayan Lal S/o Chhagan Lal

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Smt. Geeta W/o Late Shri Narayan Lal,

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Smt. Rukmani W/o Jamna Lal,

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Jamna Lal S/o Chaggan Lal,

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Smt. Babbu Bai W/o Sava Ram, All By Caste Brahaman, Resident Of Jantai, Tehsil Badi Sadri, District Chittorgarh.

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Sawa Ram S/o Chhagan Lal, By Caste Brahaman, Resident Of Biloda, Tehsil Dungla, District Chittorgarh.

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----Appellants

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Versus

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Shankar Lal S/o Chhagan Lal, By Caste Brahaman, Resident Of Jantai, Tehsil Badi Sadri, District Chittorgarh.

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State Of Rajasthan Through Tehsildar Dungla, District Chittorgarh.

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----Respondents

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For Appellant(s) For Respondent(s)	: Mr. SanjayNahar : Mr. B.S. Deora

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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26/04/2022

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Challenging the order dated 03.03.2017 passed by the learned Additional District Judge, No.1, Nimbhaheda, District Chittorgarh (hereinafter referred to as 'the learned trial Court') in Civil Misc. Case No.86/2011, whereby the learned trial Court allowed the application filed under Order 39 Rule 1 & 2 of the CPC seeking temporary injunction by the plaintiff, the present Civil Misc. Appeal has been preferred by the appellants-defendants.

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(2 of 2)

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[CMA-1799/2017]

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Briefly, stated facts of the case are that the plaintiffrespondent No.1 Shankar Lal filed a suit seeking the decree for declaration, partition and permanent injunction against the defendants-appellants before the learned trial Court. Alongwith the said suit, as stated above, an application seeking temporary injunction under Order 39 Rule 1 & 2 of the CPC was also preferred by the plaintiff-respondent No.1-Shankar Lal which came to be allowed by the learned trial Court vide the impugned order dated 03.03.2017.

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At the outset, the learned counsel for the parties submit that the Original Civil Suit is pending consideration before the learned trial Court at the stage of recording of evidence of defendants and, therefore, both the parties pray that the learned trial Court may be directed to decide the suit itself at the earliest.

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In view of the above, the present Civil Misc. Appeal is disposed of with the direction to the learned trial Court to decide the suit itself within a period of six months from the date of receiving the certified copy of this order.

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It is also made clear that till the final disposal of the suit, the effect and operation of the impugned order dated 03.03.2017 shall continue.

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The stay petition also stands disposed of accordingly.

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(MADAN GOPAL VYAS),J

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48-CP Goyal/Jagjeet/-

Lrs of Shri Narayan Lal and Ors. v. Shankar Lal and Anr.

Case brief

What is this about?

What did the court decide?

Lrs of Shri Narayan Lal and Ors. v. Shankar Lal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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