The High Court at Jodhpur disposed of a civil misc. appeal regarding an ad-interim injunction, directing the Trial Court to decide the temporary injunction application on its merits as scheduled.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 464/2022
Versus
Sukhdev Swami Chela Shri Ramniwas Swami, B/c Swami (Sadhu) Dadupanthi Niwas R/o 852 Patan Pol Bhatt Ji Ghat Chandragatha Kota City Kota Raj. 324006 Presently Nagaur Tehsil And Distt. Nagaur Raj.
----Respondent
| For Appellant(s) | : Mr. |
Vasudev Gaur |
|---|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
01/04/2022
The present Misc. Appeal has been preferred by the appellant-defendants against the order dated 26.11.2020 passed by the learned Additional District Judge No. 1, Nagaur (hereinafter referred as the learned Trial Court, for short) in Civil Misc. Case No. 14/22, whereby the learned Trial Court has granted ad-interim injunction in favour of the plaintiff-respondent.
Learned counsel appearing for the appellant-defendants at the outset submitted that if the impugned order dated 26.11.2020 is seen then it is revealed that the same has been passed with the consent of the appellant-defendants, whereas the fact of the
(2 of 2)
[CMA-464/2022]
matter remains that there was no consent on their behalf. It is also submitted that the learned Trial Court has posted the matter to hear and decide the TI application itself on 27.04.2022.
Heard learned counsel for the appellant.
Having heard learned counsel for the appellant and after perusing the record, this Court deems it appropriate to direct the learned Trial Court to decide the temporary injunction application itself on the date fixed by the learned Trial Court i.e. 27.04.2022 on its merit after hearing both the parties.
Hence, the present appeal is disposed accordingly.
Stay application also stands disposed of accordingly.
(MADAN GOPAL VYAS),J
90(S)-neha/-
Kamla Devi W/o Shri Durgaram and others
Sukhdev Swami Chela Shri Ramniwas Swami
Madan Gopal Vyas
As recorded by the court registry
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