Allowed

Ashapura Welfare Sansthan v. Ramawat Infra Private Ltd.

Rajasthan HC24 May 2023CMAP/17/2023

Case brief

AI extract

What is this about?

The court allowed an application seeking modification/clarification of a suo motu order regarding time limits for deciding a temporary injunction. The court directed the trial court to decide the application by 31.07.2023, specifying that the interim order would be vacated if not decided by then.

What did the court decide?

Order dated 11.11.2022 modified; Trial Court directed to decide temporary injunction application by 31.07.2023; Interim order to be vacated if not decided by then.

Ashapura Welfare Sansthan Vs Ramawat Infra… — Execution and Attachment | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Misc. Application No. 17/2023

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Ashapura Welfare Sansthan, Throguh Its Chairman Gajendra Singh Chouhan S/o Bhikh Singh, Aged About 43 Yrs., Official Address Mahaveer Nagar, Bhinmal, District Jalore. (Raj.)

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----Petitioner

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Versus

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Ramawat Infra Private Ltd., Office At 402, Prabhuraj Apartment Parvahan Marg, Civil Line Fatak, C-Scheme, Jaipur. Through Its Authorized Officer Shri Satyanarayan Bissa S/o Shri Bhajanlal Bissa, Resident Of A-60, Chandra Singh Bhandari Nagar, Swej Farm, Sodala, Jaipur. (Raj.)

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----Respondent

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For Petitioner(s) : Mr. CS Kotwani For Respondent(s) : Mr. Narendra Singh Rajpurohit

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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24/05/2023

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The present misc. application under Section 151 of CPC has been preferred by the appellant for modification/clarification of order dated 11.11.2022 passed by this Court.

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Learned counsel appearing for the appellant submits that while disposing of civil misc. appeal, this Court directed the defendant-appellant to file reply to the temporary injunction application on or before the next date of hearing and thereafter the learned Trial Court shall decide the application for temporary injunction within a period of one month from the date of passing of the order and meanwhile the order dated 01.10.2022 passed by the learned trial Court was ordered to remain in currency. Learned counsel further submits that after passing of the order, the

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[CMAP-17/2023]

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(2 of 3)

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applicant has filed the reply. However, the plaintiff is not taking any interest in the proceedings of the case and the learned Trial Court is also continuously adjourning the matter. Due to this, the application for temporary injunction has not yet been decided by the learned Trial Court and the order dated 01.10.2022 is in currency as a result of which the appellant is unable to carry out construction work. Therefore, it is prayed that the order dated 11.11.2022 may be clarified and the learned Trial Court may be directed to decide the application for temporary injunction within a specific date with further clarification that if the temporary injunction application is not decided within the date as specified by this Court, the order dated 1.10.2022 passed by the learned Trial Court shall stand vacated.

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Learned counsel appearing for the plaintiff-respondent vehemently opposed the prayer made by the learned counsel for the appellant.

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I have perused the copies of the order-sheets produced by the learned counsel for the appellant.

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A perusal of the order-sheets makes it clear that the application for temporary injunction has not yet been decided within the time frame as was specified by this Court and the matter is being lingered on unnecessarily.

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In view of the above, the present application is allowed.

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The order dated 11.11.2022 passed by this Court is modified partially and it is directed that the learned Trial Court shall decide the temporary injunction application after considering the reply to the application for temporary injunction on or before 31.07.2023. It is made clear that the order dated 01.10.2022 shall remain in

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(3 of 3) [CMAP-17/2023]

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currency till 31.07.2023. It is further made clear that if the temporary injunction application is not decided till 31.07.2023, the order dated 01.10.2022 shall stand vacated.

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(MADAN GOPAL VYAS),J

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196-neha/-

Ashapura Welfare Sansthan v. Ramawat Infra Private Ltd.

Case brief

What is this about?

What did the court decide?

Ashapura Welfare Sansthan v. Ramawat Infra Private Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Ashapura Welfare Sansthan Vs Ramawat Infra Private Ltd.