Remanded

Shankarlal Sharma Son of (Late ) Shri Ram Gopal Sharma, v. Smt. Annpurna Alias Smt. Pinki Wife of Kailash Chandra Sharma Daughter of Shankar Lal Sharma

Rajasthan HC2 May 2023CMA/939/2023

Case brief

AI extract

What is this about?

appeal against temporary injunction order allowed with condonation of delay. trial court directed to decide temporary injunction application on merits as pending correction application under Order 7 Rule 11 CPC is stayed.

What did the court decide?

condonation of 139 days delay; appeal remanded to trial court to decide temporary injunction application on merits with liberty to raise arguments.

Shankarlal Sharma Son of (Late ) Shri Ram Gopal Sharma… — Property and Title | Rajasthan HC (2023)

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[2023/RJJP/008982]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 939/2023

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1.Shankarlal Sharma Son Of (Late ) Shri Ram Gopal Sharma, Resident Of Bata Chowk Bazaar, Jug Salaai, Near Vinayak Medical Store, Jamshedpur, Jharkhand-831006

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2.Smt.Meena Devi wife of Shri Shankarlal Sharma, resident of Bata Chowk Bazaar, Jug Salaai, near vinayak medical store, Jamshedpur, Jharkhand-831006

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----Appellant

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Versus

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Smt. Annpurna Alias Smt. Pinki Wife Of Kailash Chandra Sharma Daughter Of Shankar Lal Sharma, Aged About 47 Years, Resident Of Govind Bhawan, Near A.n. Public School, Radhaswami Bagh, Jaipur Road, Chomun, District Jaipur And Current Address 34/394, Pratap Nagar, Sanganer, Tonk Road, Jaipur.

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Govind Sharma Son Of Shri Shankarlal Sharma, Resident Of Rath Gali, Gaushala Chowk, Near Post Office, Jug Salaai, Jamshedpur, Jharkhand-831006, Current AddressGovind Bhawan, Near A.n. Public School, Radhaswami Bagh, Jaipur Road, Chomu, District Jaipur (Rajasthan).

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Girdhari Sharma Son Of Shri Shankarlal Sharma, Resident Of Bata Chowk Bazaar, Jug Salaai, Near Vinaayak Medical Store, Jamshedpur, Jharkhand-831006.

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Trilok Chand Sharma Son Of Shri Shankarlal Sharma, Resident Of Bata Chowk, Bazaar, Jug Salaai, Near Vinaayak Medical Store, Jamshedpur, Jharkhand-831006.

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Arjun Sharma Son Of Shri Shankarlal Sharma, Resident Of Bata Chowk Bazaar, Jug Salaai, Near Vinaayak Medical Store, Jamshedpur, Jharkhand-831006.

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Smt. Rinki Sharma Daughter Of Shri Shankarlal Sharma, Wife Of Shri Tarun Sharma, Resident Of 701-A, Indraprastha, New Golden Nest, Behind Jain Bangla, Bhaayandar (East) Maharashtra-401105.

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----Respondents

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For Appellant(s) : Ms. Suruchi Kasliwal, Adv. For Respondent(s) : None present

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

[2023/RJJP/008982]

[CMA-939/2023]

(2 of 3)

Order

02/05/2023

An application under Section 5 of the Limitation Act has been filed seeking condonation of delay.

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Application is allowed for the reasons stated therein and the delay of 139 days in filing the appeal is condoned.

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The present appeal has been filed by the appellants against the order dated 05.08.2022 passed by the trial court in Civil Miscellaneous case No.28/2022, whereby ad interim TI has been granted in favour of the respondent-plaintiff-applicant (for short “the applicant”) and the trial court directed the non-applicants to maintain status quo and restrained them to alienate, mortgage and transfer the suit property, as described in para No.2 (ka)(kha) of the TI application.

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Learned counsel for the appellants submits that appellants filed an application under Order 7 Rule 11 CPC before the trial court and revision petition against the Order 7 Rule 11 CPC is pending before this Court in which stay has been granted. So, trial court cannot proceed further and ad interim stay granted by the trial court be set aside.

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Heard the learned counsel for the appellants and perused the impugned order.

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It is an admitted position that the trial court has not decided the application filed by the respondents under Order 39 Rule 1 & 2 CPC finally.

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In my considered opinion, if order dated 05.08.2022 passed by the trial court is set aside by this Court, then the trial court will

(3 of 3)

[2023/RJJP/008982]

[CMA-939/2023]

not have no option but to decide the application for temporary injunction on merits. So, the present appeal is disposed of with liberty to the appellant to take all the averments and arguments as raised in this appeal at the time of deciding the application for temporary injunction finally by the trial court.

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The pending application, if any, also stands disposed of.

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(NARENDRA SINGH DHADDHA),J

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Seema/48

Shankarlal Sharma Son of (Late ) Shri Ram Gopal Sharma, v. Smt. Annpurna Alias Smt. Pinki Wife of Kailash Chandra Sharma Daughter of Shankar Lal Sharma

Case brief

What is this about?

What did the court decide?

Shankarlal Sharma Son of (Late ) Shri Ram Gopal Sharma, v. Smt. Annpurna Alias Smt. Pinki Wife of Kailash Chandra Sharma Daughter of Shankar Lal Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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