Mohan Singh Tak vs Dilip Singh Tak
2022 Latest Caselaw 9065 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Civil Misc. Appeal No. 1084/2022

Mohan Singh Tak S/o Shri Mangal Singh Tak, Aged About 72
Years, B/c Mali, R/o Takon Ka Baas, Magra Punjla, Jodhpur,
Rajasthan.
                                                                    ----Appellant
                                    Versus
1.      Dilip Singh Tak S/o Shri Mangal Singh Tak, R/o Takon Ka
        Baas, Magra Punjla, Jodhpur, Rajasthan.
2.      Anand Singh Tak S/o Shri Mangal Singh Tak, R/o Takon Ka
        Baas, Magra Punjla, Jodhpur, Rajasthan.
3.      Kailash Chandra Tak S/o Shri Mangal Singh Tak, R/o
        Takon Ka Baas, Magra Punjla, Jodhpur, Rajasthan.
4.      Smt. Kanchan Tak W/o Shri Dilip Singh Tak, S/o Shri
        Mangal Singh Tak, R/o Takon Ka Baas, Magra Punjla,
        Jodhpur, Rajasthan.
5.      Municipal     Corporation           Jodhpur          (North),   Through
        Commissioner, Municipal Corporation Jodhpur (North)
        Jodhpur, Rajasthan.
                                                                 ----Respondents


For Appellant(s)          :     Mr. Joga Ram Patel
For Respondent(s)         :



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                JUDGMENT

12/07/2022

The present Misc. appeal under Section 104 read with Order

43 Rule 1 (r) read with Section 151 of the CPC has been preferred

by the plaintiff-appellant against the order dated 23.06.2022

passed by the learned District Judge No. 7, Jodhpur Metropolitan

Jodhpur in Civil Misc. Petition No. 110/2022 (NCV No. 243/2022)

whereby the learned trial Court granted ad interim order in favour

of the plaintiff-appellant.

(2 of 2) [CMA-1084/2022]

Briefly stated facts of the case are that the plaintiff-appellant

has preferred a suit for cancellation of will, gift deed and perpetual

injunction against the defendants-respondents in respect of the

property situated at Tonk ka Baas, Magra Punjla Jodhpur. Along

with the suit an application under Order 39 Rule 1 & 2 of the CPC

has also been filed seeking temporary injunction.

The learned trial Court has passed the impugned ad interim

injunction order dated 23.06.2022.

From perusal of the record, it appears that the application

under Order 39 Rule 1 & 2 CPC itself is pending consideration

before the learned trial Court, therefore, the present Misc. Appeal

is disposed of with a direction to the learned trial Court to decide

the application under Order 39 Rule 1 & 2 of the CPC within a

period of three months from today. Till then, both the parties shall

maintain status quo as it exits today with respect to the suit

property.

The stay application also stands disposed of accordingly.

(MADAN GOPAL VYAS),J 108-neha/-

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