Rajasthan High Court
Smt. Meenakshi Goyal W/O Late Shri ... vs Agrima Goyal D/O Late Shri Nipun ... on 10 May, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 944/2022
1. Smt. Meenakshi Goyal W/o Late Shri Nipun Prakash
Goyal, Aged About 45 Years, Resident Of Plot No. 51-G-1,
Shiv Shakti Nagar, Nirman Nagar, Jaipur (Raj.)
2. Shaurya Goyal S/o Late Shri Shri Nipun Prakash Goyal,
Aged About 17 Years, Minor Through Natural Guardian
Mother Smt. Meenakshi Goyal W/o Late Shri Nipun
Prakash Goyal, Aged About 45 Years, Resident Of Plot No.
51-G-1, Shiv Shakti Nagar, Nirman Nagar, Jaipur (Raj.).
----Appellants
Versus
1. Agrima Goyal D/o Late Shri Nipun Prakash Goyal, Aged
About 27 Years, Resident Of 87-88, Udainagar A Ajmer
Road Bypass, Jaipur Raj.
2. Aahan Goyal S/o Late Shri Nipun Goyal, Aged About 19
Years, Resident Of 87-88, Udainagar A Ajmer Road
Bypass, Jaipur (Raj.).
3. Chetan Prakash Goyal S/o Late Shri Prakash Chand Goyal,
Aged About 62 Years, Resident Of 21/63, Bhrigupath,
Sector-21, Mansarovar, Jaipur (Raj.) Second Address 87-
88 Udainagar A Ajmer Road Byepass Jaipur (Raj.) And
Third Address- 21/68, Bhrigupath Sector-21, Mansarovar,
Jaipur (Raj.).
4. Smt. Deepti Mangal W/o Shri Narendra Mangal, Aged
About 59 Years, Resident Of 21/63, Bhrigupath, Sector-21
Mansarovar, Jaipur (Raj.).
5. Shashvat Chetan S/o Shri Chetan Prakash Goyal, Aged
About 30 Years, Residento F 87-88, Udainagar A Ajmer
Road Byepass, Jaipur (Raj.) Second Address 21/68,
Bhrigupath Sector-21 Mansarovar, Jaipur (Raj.).
6. Deepak Alaprathi (Actual Name Deepak Alavadi, Aged
About 49 Years, S/o Shri Om Prakash Alaprathi (Actual
Name Om Prakash Alavadi), Resident Of 1/39, S.f.s
Agarwal Farm, Mansarovar, Jaipur (Raj.) At Present
Deepak Alaprathi (Actual Name Deepak Alavadi) R/o A-
1904, Sky Terraces, Shiprapath, Mansarovar, Jaipur.
7. Utkrash Mangal S/o Shri Narendra Mangal, Aged About 33
Years, Resident Of 21/63, Bhrigupath, Sector-21,
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(2 of 4) [CMA-944/2022]
Mansarovar, Jaipur (Raj.).
8. M/s Felicity Projects Pvt. Ltd., Through Director Shri Ashu
Mathur S/o Shri S.k. Mathur, Registered Office At Felicity
Tower, Second Floor, Sehkar Marg, Jaipur (Raj.).
9. Orian Diagnostic Pvt. Ltd., Through Director Deepak
Alaprathi (Actual Name Om Prakash Alavadi) Aged 49
Years, Resident Of 1/39, S.f.s. Agarwal Farm Mansarovar,
Jaipur (Raj.) At Present M.n. Goyal Deepak Alaprathi
(Actual Name Deepak Alavadi) R/o A-1904, Sky Terraces,
Shiprapath, Mansarovar, Jaipur.
10. Udai Hospitality And Real Tech Pvt. Ltd., Through Director
Deepak Alaprathi (Actual Name Deepak Alavadi) S/o Shri
Om Prakash Alapathi (Actual Name Om Prakash Alavadi),
Aged About 49 Years, Resident Of 1/39, S.f.s Agarwal
Farm, Mansarovar, Jaipur (Raj.) At Present Deepak
Alaprathi (Actual Name Deepak Alavadi) R/o 1904, Sky
Terraces, Shiprapath, Mansarovar, Jaipur.
11. Pinkcity Sera Dental Lab Pvt. Ltd., Through Director
Deepak Alaprathi (Actual Name Deepak Alavadi) S/o Shri
Om Prakash Alaprathi (Actual Name Om Prakash Alavadi)
Aged About 49 Years, Resident Of 1/39, S.f.s. Agarwal
Farm, Mansarovar, Jaipur (Raj.) At Present Deepak
Alaprathi (Actual Name Deepak Alavadi) R/o A-1904, Sky
Terraces, Shiprapath, Mansarovar, Jaipur.
12. Utkarsh Farma Pvt. Ltd., Through Director Shashwat
Chetan S/o Shri Chetan Prakash Goyal, Aged About 31
Years, Resident Of 21/68, Bhrigupath, Sector-21,
Mansarovar, Jaipur (Raj.).
13. A Square Medical Technology, Through Partner Deepak
Alaprathi (Actual Name Deepak Alavadi) S/o Shri Om
Prakash Alaprathi (Actual Name Om Prakash Alavadi)
Aged About 49 Years, Resident Of 1/39. S.f.s Agarwal
Farm, Mansarovar, Jaipur (Raj) At Present Deepak
Alaprathi (Actual Name Deepak Alavadi) R/o A-1904, Sky
Terraces, Shiprapath, Mansarovar, Jaipur.
----Respondents
For Appellant(s) : Mr. R.K. Daga with Mr. Prashant Daga
For Respondent(s) : Mr. Anil Mehta, Sr. Advocate assisted
by Mr. Siddharth Bapna
(3 of 4) [CMA-944/2022]
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
10/05/2022
1. This appeal has been filed by appellants-plaintiffs assailing
the order dated 23.03.2022 passed by Additional District Judge
No.1, Jaipur District Jaipur in temporary injunction application
No.383/2019 in civil suit No.547/2019, whereby and whereunder
the trial court on an application under Order 39 Rule 4 CPC filed
by respondent No.3 has modified the interim stay order dated
05.05.2018.
2. Learned counsel for appellants has submitted that interim
stay order dated 05.05.2018 was passed after hearing of counsel
for non-applicant No.3, however, he filed an application under
Order 39 Rule 4 CPC on 20.12.2021 after lapsing more than two
and half years which has been decided by the impugned order.
3. It has been pointed out that application for temporary
injunction itself is still pending before the trial court and service of
all parties-non-applicants is complete. Learned counsel for
appellants submits that the impugned order dated 23.03.2022
would adversely affect the final decision of application for
temporary injunction. Once the application for temporary
injunction itself is pending, the trial court should have decide the
application for temporary injunction finally, instead of modifying
the interim stay order dated 05.05.2018.
4. In the present appeal, since the impugned order dated
23.03.2022 has been passed on the application of respondent
No.3, he is only the contesting party. The respondent No.3 has
entered into caveat and put in appearance.
5. Learned counsel appearing for respondent No.3, after
arguing the appeal for some time, submits that in case, this Court
(4 of 4) [CMA-944/2022]
directs the trial court to decide the application for temporary
injunction finally within the stipulated period, by that time, the
effect and operation of impugned order dated 23.03.2022 may be
stayed.
6. Having heard learned counsel for appellants and respondent
No.3, this appeal is disposed of with following directions:-
"(a) The trial court is directed to decide the
pending application for temporary injunction finally
within a period of two months from today obviously
excluding the period of summer vacations. It has
been informed that next date of hearing before the
trial court is 12.05.2022, therefore, if all parties are
agreeable to make their submissions on the next
date, trial court would hear the final arguments on
application for temporary injunction or would fix
any future date to hear and decide the application
for temporary injunction within a period of two
months positively (excluding the period of summer
vacations) as per its convenience.
(b) Till disposal of application for temporary
injunction, the effect and operation of impugned
order dated 23.03.2022 shall remain stayed and
the interim stay order date 05.05.2018 shall
remain in force.
(c) It is made clear that this Court has not
expressed any opinion on merits and the trial court
would decide the application for temporary
injunction considering the merits of the case
without being influenced either by interim stay
order dated 05.05.2018 or modification order dated
23.03.2022."
7. With aforesaid observations, the appeal stands disposed of.
8. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
SAURABH/20
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