(1 of 3) [CMA-216/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
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S.B. Civil Misc. Appeal No. 216/2021. Smt. Urmila D/o Dharamchand Galhotra, W/o Shri Kulbhushan Verma, aged About 67 Years, Gali No. 8, Marfat Verma Dental Clinic, Abohar, Dis. Fajilka, Punjab
----Appellant Versus
1. Ashwani S/o Krishn Kumar Nagpal, 1/270, Housing Board, Jawahar Nagar, Sriganganagar Through Their Power Of Attorney Holder One Gurdas Rai Residence Of 78, E- Block, Sriganganagar
2. Poonam D/o Krishn Kumar Nagpal, 1/270, Housing Board, Jawahar Nagar, Sriganganagar Through Their Power Of Attorney Holder One Gurdas Rai Residence Of 78, E- Block, Sriganganagar
3. Komal Lata D/o Krishn Kumar Nagpal, 1/270, Housing Board, Jawahar Nagar, Sriganganagar Through Their Power Of Attorney Holder One Gurdas Rai Residence Of 78, E-Block, Sriganganagar
4. Sonam W/o Sandeep Ratan Nagpal, 1/270, Housing Board, Jawahar Nagar, Sriganganagar Through Their Power Of Attorney Holder One Gurdas Rai Residence Of 78, E-Block, Sriganganagar.
5. Sharad Nagpal S/o Sandeep Ratan Nagpal, 1/270, Housing Board, Jawahar Nagar, Sriganganagar Through Their Power Of Attorney Holder One Gurdas Rai Residence Of 78, E-Block, Sriganganagar
----Respondents (Downloaded on 09/04/2021 at 08:44:17 PM) (2 of 3) [CMA-216/2021] For Appellant(s) : Mr. Falgun Buch HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 08/04/2021 The present appeal has been filed against order dated 11.01.2021 passed by the learned Additional District Judge No.1, Sriganganagar, Civil Misc. Matter No. 25/2019 (CIS No. 87/2019) Ashwani & Ors. Vs. Smt. Urmila whereby the application seeking temporary injunction under order 39 rule 1, 2 CPC preferred by the respondents / plaintiffs has been allowed.
Heard learned counsel for the appellant at great length. Learned counsel for the appellant stated that respondents/plaintiffs are not in possession of the disputed property; that the application under order 7 rule 11 CPC filed by the appellant/defendant has not been decided by the learned Trial Court and instead of deciding the application under order 7 rule 11 CPC, the Trial Court has proceeded to decide the application filed under order 39 rule 1 and 2 CPC on behalf of the respondents/plaintiffs. Learned counsel also stated that as the plaintiffs/respondents are not in physical possession of the disputed property, therefore, they are not entitled to seek any injunction against the appellant-defendant, who is in possession of the disputed property. In support of his arguments, learned counsel for the appellant relied upon judgment rendered by Hon'ble the Supreme Court in the case of Adiveppa & Ors. Vs. Bhimappa & Anr [Civil Appeal No. 11220/2017 (Arising out of SLP (C) No. 5664/2012), decided on 06.09.2017]. (Downloaded on 09/04/2021 at 08:44:17 PM)
(3 of 3) [CMA-216/2021] For ready reference, the impugned order as passed by the learned Trial Court is reproduced here as under:-
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Accordingly and in view of the observations foregoing, the instant appeal is rejected.
However, having considered the facts and circumstances of this case, the learned Trial Court is expected to decide the application filed by the appellant-defendant under Order 7 Rule 11 of the Code of Civil Procedure on priority basis.
(DEVENDRA KACHHAWAHA),J 20-Ashish/-
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