Kanhaiyalal S/O Late Shri Shyola ... vs Shri Ram S/O Late Shri Shyola Alias ...
2022 Latest Caselaw 7470 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 1620/2021

Kanhaiyalal S/o Late Shri Shyola Alias Sheonarain,
                                                                    ----Appellant
                                     Versus
Shri Ram S/o Late Shri Shyola Alias Sheoram,
                                                                  ----Respondent

For Appellant(s) : Mr. Ajeet Kumar Bhandari Sr. Adv with Mr. Namo Narayan Sharma Mr. Jeetendra Mishra For Respondent(s) : Mr. Rajendra Prasad Senior Adv with Mr. Abhishek Pareek Mr. Akshay Sharma AGC Mr. Rahul Agarwal for applicant

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

24/11/2022 This appeal is against refusal of prayer of ad-interim

injunction in civil suit.

I.A. No. 1/22 has been filed by the respondent under Order

41 Rule 27 CPC for admitting certain documents on record which

were not available before the civil court.

I.A. No. 3/22 is a similar application under Order 41 Rule 27

which has been filed by the appellant for admitting certain

documents on record.

The documents are taken note of however, the application

stands disposed off with liberty to the parties concerned to make

prayer before the trial court itself for consideration as evidence.

Application (I.A. No. 1/22 and 3/22) stands disposed off.

I.A. No. 2/22 has been filed with prayer that the documents

at annexure R/1 and R/2 filed alongwith reply to appeal may not

(2 of 2) [CMA-1620/2021]

be taken on record and reply on the basis of the documents may

not be considered. Since the appeal is finally being heard

application (I.A. No. 2/22) stands disposed off.

I.A. No. 5/22 is an application filed under Order 1 Rule 10 by

Sawan Lal S/o Late Shiv Lal @ Shiv Narayan for impleadment in

this appeal. Since Sawan @ Shrawan is not a party to the suit, the

prayer for impleadment in this appeal against an interlocutory

order is declined. However, trial court shall consider pending

prayer of the petitioner for impleadment in the suit without being

prejudiced by this order.

Application (IA No. 5/22) stands disposed off.

Heard the appeal on merit.

Judgment is reserved.

(BIRENDRA KUMAR),J

ashu /15

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