[2023:RJ-JD:31692] (1 of 2) [CMA-1590/2023] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1590/2023 Romel Singh Panwar S/o Late Shri Gurmeet Singh, Aged About 52 Years, Resident Of Village Raisinghnagar, District Ganganagar, At Present Resident Of House No. 266, Sector 6, Malviya Nagar, Jaipur (Raj.)
----Appellant Versus
1. Amarjeet Kaur W/o Late Gurmeet Singh, R/o Dr. Gurmeet Singh Memorial Hospital, Panchayat Samiti Road, Raisinghnagar, District Ganganagar (Raj.). Through Power Of Attorney Karandeep Singh S/o Karnel Singh, By Caste Jat Sikh, R/o House No. 655-A, Shakti Nagar, Kalka, Panchkula, Hariyana.
2. Shri Karandeep Singh S/o Shri Karnel Singh, R/o House No. 655-A, Shakti Nagar, Kalka, Panchkula, Hariyana.
3. Shri Parvinder Kumar S/o Shri Shivkumar, R/o Ward No. 09, Raisinghnagar, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.)
4. State Of Rajasthan, Through Tehsildar Raisinghnagar, Tehsil Raisinghnagar, District Ganganagar (Raj.)
5. Sub Registrar, Raisinghnagar, Tehsil Raisinghnagar, District Ganganangar (Raj.)
----Respondents For Appellant(s) : Mr. NL Joshi Ms. Kirti Pareek For Respondent(s) :
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 26/09/2023 The appeal under Order 43, Rule 1(r), CPC is directed against the order dated 12.09.2023 passed by the learned Additional District Judge No. 2, Raisinghnagar, District (Downloaded on 12/11/2023 at 06:33:26 AM) [2023:RJ-JD:31692] (2 of 2) [CMA-1590/2023] Sriganganagar (hereinafter referred to as the learned Trial Court) whereby the learned Trial Court while granting an interim order in application for temporary injunction, directed the parties not to alienate or transfer the disputed property and also granted liberty to respondents to get mutation of land in their name. The appellant has preferred the present appeal to set aside the impugned order to the extent that it allowed the respondents to get mutation of land in his name.
2. Heard learned counsel for the party and perused the material available on record.
5. A perusal of the material available on record makes it clear that the application for temporary injunction is itself pending. The reply to the applicaton under Order 39, Rule 1 & 2 CPC has already been filed on 11.09.2023.
6. Therefore, the present appeal is disposed of with a direction to the learned Trial Court to decide the application for temporary injunction itself within a period of three months from the date of receipt of certified copy of the order instant.
7. Till then, the interim order dated 12.09.2023 passed by learned Trial Court shall remain in currency. It is further directed that the parties shall maintain status quo, as it exists today, with respect to the revenue records of the suit property.
8. Stay application also stands disposed of accordingly.
9. A copy of this order be sent to learned Trial Court through Email or Fax.
(MADAN GOPAL VYAS),J 31-CPG/-
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