Disposed

Motilal v. Smt. Keshar Kawar

Rajasthan HC3 Oct 2023CMA/1379/2023

Case brief

AI extract

What is this about?

Appeal against an interim injunction order was dismissed. The High Court directed the Trial Court to decide the temporary injunction application on merits after a hearing, while leaving the interim order in force until disposal.

What did the court decide?

Appellant-defendant directed to decide temporary injunction application on merits after hearing within one month. Impugned order remains valid.

Motilal Vs Smt. Keshar Kawar — Contract and Commercial Disputes | Rajasthan HC (2023)

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[2023:RJ-JD:32334]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1379/2023

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Motilal S/o Poonma, Aged About 63 Years, Resident Of Rodla, Tehsil Aahore, District Jalore.

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----Appellant

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Versus

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Smt. Keshar Kawar D/o Poonma, W/o Jabbar Singh, Resident Of Rodla, Tehsil Aahore, District Jalore.

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----Respondent

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For Appellant(s)	: Mr.	Rajesh Choudhary
For Respondent(s)	: Mr.	Govind Suthar

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment

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03/10/2023

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Heard learned counsel for the appellant on admission stage. The present appeal under Order 43, Rule 1, CPC preferred by the appellant-defendant is directed against the order dated 28.04.2023 passed by the learned District Judge Jalore (hereinafter referred to as the learned Trial Court), whereby the learned Trial Court allowed the application filed by the plaintiffrespondent under Order 39, Rule 1 & 2 read with Section 151 CPC.

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Learned counsel for the appellant submits that while deciding the application for grant of temporary injunction, the learned Trial Court has not passed the order on its merits and there was no consideration by the learned trial court with regard to all the three ingredients i.e., prima facie case, balance of convenience and irreparable loss. Learned trial court passed the order impugned while holding that both the parties were having consent that till

[2023:RJ-JD:32334]

[CMA-1379/2023]

(2 of 2)

the disposal of the suit, the parties shall not sale, gift, mortgage or create any third party rights, whereas, there was no consent on the part of the appellant. Thus, it is prayed that the impugned order may be quashed and set aside.

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Learned counsel for the respondent objects to the prayer made by the learned counsel for the appellant and submits that the impugned order is well reasoned and was passed with the consent of the appellant.

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Heard learned counsel for the parties and perused the material available on record.

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In view of the above, the present appeal is disposed of with a direction to the learned Trial Court to decide the temporary injunction application itself on its merits after providing an opportunity of hearing to all the parties within a period of one month from the date of receipt of certified copy of the order instant.

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Till then, the impugned order dated 28.04.2023 passed by learned Trial Court shall remain in currency.

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Stay application also stands disposed of accordingly. 9. A copy of this order be sent to learned Trial Court through Email or Fax.

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(MADAN GOPAL VYAS),J

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26-CPG/-

Motilal v. Smt. Keshar Kawar

Case brief

What is this about?

What did the court decide?

Motilal v. Smt. Keshar Kawar

Case brief

What is this about?

What did the court decide?

What the court decided

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