HCJ at Jodhpur disposed of a S.B. Civil Misc. Appeal challenging a lower court order refusing an ad interim order, directing the trial court to decide the interim application on merits within six months while maintaining status quo.
Direction to the trial court to decide the Order 39 application within six months; maintenance of status quo.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 189/2021
----Appellants
----Respondents
| For Appellant(s) | : Mr. Muktesh Maheshwari |
|---|---|
| For Respondent(s) | : Mr. Saurabh Maheshwari |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
(2 of 2)
[CMA-189/2021]
Order
23/03/2022
Challenging the order dated 21.01.2021 passed by the learned Additional District Judge No. 3, Jodhpur Metro, Jodhpur in Civil Misc. Case No. 383/2019 whereby the appellate Court refused to grant ad interim order in favour of the present appellants, the present Misc. Appeal has been preferred by the appellants.
Learned counsel appearing for both the parties at the outset submits that the learned Appellate Court may be directed to decided the application under Order 39 Rule 1 & 2 C.P.C. on its merits.
In view of the above, the present appeal is hereby disposed of with a direction to the learned Additional District Judge No. 3, Jodhpur Metro to decide the application under Order 39 Rule 1 & 2 C.P.C. (Civil Misc. Case No. 383/2019) within a period of six months from today.
Meanwhile, the status quo with regard to the land in question shall be maintained by the parties.
(MADAN GOPAL VYAS),J
82-neha/-
1 provisions across 1 enactments
Sunil Vyas
Omprakash Jakhar
Visambar Saraswat
Babusingh Gaur
Mahesh Kumar Ojha
Parmeshwarlal Soni
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
