Dayal Singh vs Bhanwar Singh
2022 Latest Caselaw 5664 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5622/2022

Dayal Singh S/o Dungar Singh, Aged About 61 Years, B-6, Krishna Nagar, New Pali Road, Jodhpur.

----Petitioner Versus

1. Bhanwar Singh S/o Jaswant Singh, Aged About 68 Years, Near Mahaveer Cinema, Sumerpur, Tehsil Sumerpur District Pali.

2. Angad Choudhary S/o Bhanwar Singh, Aged About 38 Years, A-10 Krishna Nagar, New Pali Road, Jodhpur.

3. M/s Khalsa Theater, Sanderao Road, Falna Station, Tehsil Bali District Pali Through Manager.

----Respondents

For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Deepak Kawadia as Caveator

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

19/04/2022

This writ petition has been filed by the petitioner being

aggrieved with the order passed by the trial court as well as the

appellate court, whereby both the courts have refused to grant

interim TI in favour of the petitioner.

After arguing the matter on merits for quite some time,

learned counsel for the parties are in agreement that this writ

petition may be disposed of with a direction to the trial court to

the decide the application for temporary injunction filed by the

petitioner along with the suit within fixed period.

In view of the above submission made by the counsel for the

parties, this writ petition is disposed of with a direction to the Civil

(2 of 2) [CW-5622/2022]

Judge, Bali District Pali to decide the application under Order 39

Rule 1 and 2 read with Section 151 CPC filed by the petitioner

alongwith the suit after providing opportunity of hearing to all the

parties concerned expeditiously preferably within a period of six

weeks from the date of production of certified copy of this order.

Stay petition is also disposed of.

(VIJAY BISHNOI),J 148-mohit/-

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