Rajasthan High Court - Jodhpur
Mohd. Ayub And Ors vs Abdul Rahim And Ors on 8 September, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1479/2015
Mohd. Ayub And Ors.
----Appellants
Versus
Abdul Rahim And Ors.
----Respondents
For Appellant(s) : Mr. Raju Chaynan
For Respondent(s) : Mr. Yashwant Mehta
Mr. Alkesh Kumar
HON'BLE MR. JUSTICE FARJAND ALI
Order 08/09/2022 By way of filing the instant civil misc. appeal under Section 104 r/w Order 43 Rule 1 (R) CPC, challenge has been made to the order dated 22.07.2015 passed by Additional District Judge No.6, Jodhpur Metropolitan in Civil Misc. case No.08/2013 whereby the application for temporary injunction under Order 39 Rules 1 and 2 r/w Section 151 of CPC filed by the plaintiffs- appellants has been dismissed.
Heard counsel for the parties and perused the material available on record.
It is reflecting from the record that a suit in the representative capacity came to be filed for cancellation of sale deed and perpetual injunction before the trial Court. Along with the suit, an application has also been filed for restraining the defendants from alienating the property and raising construction over the property till the disposal of the suit. (Downloaded on 09/09/2022 at 09:11:51 PM)
(2 of 2) [CMA-1479/2015] After hearing learned counsel for the parties, learned trial Court has dismissed the application for temporary injunction vide the order impugned.
The suit is pending before the trial Court. The application for temporary injunction has been dismissed way back on 22.07.2015. No interim order is operational except an undertaking of respondent No.6 Smt. Nasiran Ansari, wherein it has been undertaken that she will not raise construction over the said property. The status quo is already being maintained by the parties. Thus, at this juncture, without going into the niceties of the matter and refraining from making any observations, I deem it appropriate to dismiss the appeal filed by the appellants with the direction to the learned trial Court to decide the main suit within a period of one year from the date of receipt of this order.
The piecemeal applications are also furnished herein. The respective parties are at liberty to agitate the same; if need would arise, they may take appropriate steps before the trial Court. No need to pass any further order in this appeal. The undertaking given by respondent No.6 shall remain in currency and the status quo shall be maintained with regard to the property in question for one year only.
Accordingly, the appeal is dismissed.
(FARJAND ALI),J Ashutosh-41 (Downloaded on 09/09/2022 at 09:11:51 PM) Powered by TCPDF (www.tcpdf.org)