Ramkishore Goswami Son Of Late ... vs Mandir Shri Ladli Ji, Ramganj ...
2022 Latest Caselaw 7 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13903/2021

Ramkishore Goswami Son Of Late Shri Jugal Kishore Goswami
                                                                  ----Petitioner
                                   Versus
Mandir Shri Ladli Ji, Ramganj Bazar
                                                                ----Respondent

For Petitioner(s) : Mr. Ravi Bhansali, Sr. counsel assisted by Mr. Raunak Singhvi, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

03/01/2022

Mr. Ravi Bhansali, learned senior counsel appearing on behalf

of the petitioner submitted that the issue involved in this writ

petition is squarely covered by the judgment passed by the

Madhya Pradesh High Court in the case of Ravishankar & Anr. Vs.

VIIth Additional District Judge, Bhopal reported in 1994 M.P.L.J

page 783 where in para 14 it has been held as under:-

"14. When the appellate court passes an order of injunction while finally disposing of the appeal before it, the order stands substituted in place of the order of the trial Court. The order is passed not for the purpose of appeal, nor to remain operative during the hearing of the appeal; it is an order passed for the purpose of the suit and to terminate with the decision of the suit. An application under Order 39, Rule 4, Civil Procedure Code can appropriately be dealt with by the trial Court though the order of injunction sought to be discharged, varied or set aside be one passed by the appellate Court."

(2 of 2) [CW-13903/2021]

In that view of the matter, issue notice to the respondent(s)

returnable by six weeks.

Meanwhile, the proceedings pending before the Additional

District Judge No.4, Jaipur Metropolitan-II in Civil Misc. Case

No.22/2019 shall remain stayed.

(INDERJEET SINGH),J

JYOTI /53

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