Rajasthan High Court - Jaipur
Jagdish Prasad Rana vs Heera Lal And Others on 28 January, 2014
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R S.B. CIVIL MISC. APPEAL NO.1994/2011 (Jagdish Prasad Rana Vs. Heera Lal & Ors.) Date of Order : 28.01.2014 HON'BLE MR. JUSTICE ALOK SHARMA Mr. D.K. Garg, for the appellant-plaintiff. Mr. Yogesh Pujari, for the respondents-defendants. BY THE COURT
This civil misc. appeal has been filed under Order 43 Rule 1(r) CPC against the order dated 04.02.2011, passed by the Additional District Judge (Fast Track) No.1, Dholpur whereby an application filed by the plaintiff-appellant (hereinafter 'the plaintiff') under Order 39 Rule 2A has been dismissed by the lower appellate court.
I have perused the impugned order dated 04.02.2011 and heard the counsel for the parties.
The lower appellate court has found that no evidence beyond reasonable doubt was laid before it against the respondents with regard to the breach of interim order dated 23.11.2002. In fact the lower appellate court held that Ram Prakash, respondent No.4 herein, was not even a party in the suit and has been wrongly impleaded and there was no evidence on record that Ram Prakash was acting on behalf of other respondents i.e. Heera Lal, Bhupendra and Brij Lal (since expired). Aside of the aforesaid, the lower appellate court also from the evidence on record found that there was no evidence which attributed any disobedience and breach of the order dated 23.11.2012 to the other respondents. In my considered opinion, also no case of disobedience and breach of injunction is made out from the evidence on record before the trial court. No perversity or any misdirection in law can be attributed to the aforesaid impugned order dated 04.02.2011 passed by the lower appellate court.
Consequently, I find no force in the appeal. The same is dismissed.
(ALOK SHARMA), J MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, Jr. P.A