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Smt. Patasi Vs Smt. Hapu Devi and Ors. — Execution and Attachment | Rajasthan HC (2022)

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Rajasthan HC
2022
Smt. Patasi Vs Smt. Hapu Devi and Ors.Smt. Patasi v. Smt. Hapu Devi and Ors.

Dismissed

Smt. Patasi v. Smt. Hapu Devi and Ors.

Rajasthan HC25 Nov 2022CMA/42/2017

Case brief

AI extract

What is this about?

Smt. Patasi filed an appeal against the rejection of her temporary injunction application. The Court held that since the underlying suit had reached the final stage, there was no ground to interfere. The appeal was dismissed and the trial court was directed to proceed. A related stay application was also disposed of.

What did the court decide?

The appeal is rejected. The trial court shall proceed with the suit itself. The stay application stands disposed of.

What the court decided

AI extract

Outcome

The appeal is rejected. The trial court shall proceed with the suit itself. The stay application stands disposed of.

Issue for consideration

Whether the High Court should interfere with the rejection of the temporary injunction application at the final stage of the suit. +1 more

Detailed headnote1 paragraphs

The Court dismissed the S.B. Civil Misc. Appeal No. 42/2017 filed by Smt. Patasi against the rejection of her application for a temporary injunction. Observing that the underlying suit had reached its final stage and noting the appellant's failure to argue the matter before the trial court, the Court found no reason to interfere with the impugned order. The appeal is rejected, and the trial court is directed to proceed with the suit.

A compact analysis

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.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 42/2017

Smt. Patasi

----Appellant

Versus

Smt. Hapu Devi And Ors.

----Respondent

For Appellant(s) : None present For Respondent(s) : Mr. N.R. Choudhary

JUSTICE DINESH MEHTA

Order

25/11/2022

The present appeal is directed against the order dated 26.09.2016 passed by the Additional District Judge No. 5, Jodhpur Metropolitan, whereby the application for temporary injunction preferred by the appellant has been rejected.

Heard learned counsel for the respondents and perused the record.

Mr. Choudhary, learned counsel for the respondents argued that present appeal, which has been filed against rejection of TI application, is pending since 2017 and in the meantime, the suit itself has reached the final stage.

It was pointed out by Mr. Choudhary that the appellant is not arguing the matter before the trial court and seeking adjournments on the pretext of pendency of the present appeal.

Having heard learned counsel for the respondents and upon perusal of the order impugned as also considering that the suit

(2 of 2)

[CMA-42/2017]

itself has reached the final stage, this Court does not find any reason to interfere.

The appeal is, therefore, rejected.

The trial court shall proceed with the suit itself in accordance with law.

The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

64-Inder/-

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the High Court should interfere with the rejection of the temporary injunction application at the final stage of the suit.
2.
The propriety of dismissing the appeal against the rejection of the temporary injunction application lodged by the appellant in S.B. Civil Misc. Appeal No. 42/2017.

Parties & counsel

AI extract

appellant
Smt. Patasi
respondent
Smt. Hapu Devi And Ors.

Coram

AI extract

DINESH MEHTA

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 25 Nov 2022 · November
Registered: 4 Jan 2017
Case no.: CMA/42/2017
CNR: RJHC010185232017
Topic: Execution and Attachment
Bench: Dinesh Mehta
Disposal: DISMISSED

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Cite this judgement

Smt. Patasi v. Smt. Hapu Devi and Ors., CMA/42/2017 (RJ), decided on 25 November 2022.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

DINESH MEHTA

Parties & counsel