Indian Medical Trust vs Mahendra Kukmar Agarwal
2022 Latest Caselaw 6051 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 1006/2000

Mahendra Kumar Agarwal son of Shri Chaturbhuj Agarwal, R/o
20, Sawai Jai Singh Highway Opposite- Tagere School, Bani Park,
Jaipur.
                                                                  ----Appellant
                                   Versus
Indian Medical Trust, 4, Govind Marg, Adarsh Nagar, Jaipur
through socalled Managing Trustee Dr. Anuraj son of Balveer
Singh.
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 776/2000 Mahendra Kumar Agarwal, Aged About 40 Years, Son Of Shri Chaturbhuj Agarwal R/o C-20, Sawai Jaisingh Highway Road, Infront Of Tagore School, Banipark, Jaipur.

----Appellant Versus Indian Medical Trust, 4, Govind Marg, Jaipur Through So Called Managing Trustee Dr. Anurag S/o Balveer Singh

----Respondent S.B. Civil Miscellaneous Appeal No. 892/2000 Indian Medical Trust, Registered Office 4, Govind Marg, Jaipur through Managing Trustee Dr. Anurag S/o Balbir Singh, R/o 4 Govind Marg, Jaipur.

----Appellant Versus Mahendra Kumar Agarwal S/o Sh. Chatrubhuj Agrawal, R/o 20, Sawai Jai Kumar Highway Road, Opp. Tagore School, Banipark, Jaipur.

----Respondent

For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv. with Mr. Lokesh Tiwari, Adv.

For Respondent(s) : Mr. Ashok K Sharma, Adv.

Ms. Tapasvi Vashishth, Adv.

(2 of 3) [CMA-1006/2000]

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

06/09/2022

S.B. Civil Miscellaneous Appeal No. 1006/2000:-

This Civil Miscellaneous Appeal is against the order passed

under Order 39 Rule 1 of the C.P.C. by the Court below on

20.07.2000 vide Civil Misc. Application No.48/2000 in Civil Suit

No.51/2000.

Learned counsel for the respondent Indian Medical Trust

submits that suit was for injunction only. Thereafter, the

respondent filed another suit for the same agreement for specific

performance. The subsequent suit has been decided by the

Competent Court. In the circumstance Civil Suit No.51/2000 for

injunction only stood infructuous.

Accordingly this appeal against the interim order passed in

the said suit has become infructuous.

Learned counsel for the appellant does not dispute the

factual position of the case.

Accordingly, this appeal stands dismissed as infructuous. S.B. Civil Miscellaneous Appeal No. 776/2000:-

This Civil Miscellaneous Appeal is against the order passed

under Order 39 Rule 1 of the C.P.C. by the Court below on

27.06.2000 vide Application No.39/2000 in Civil Suit No.51/2000.

Learned counsel for the respondent Indian Medical Trust

submits that suit was for injunction only. Thereafter, the

respondent filed another suit for the same agreement for specific

performance. The subsequent suit has been decided by the

Competent Court. In the circumstance Civil Suit No.51/2000 for

injunction only stood infructuous.

(3 of 3) [CMA-1006/2000]

Accordingly this appeal against the interim order passed in

the said suit has become infructuous.

Learned counsel for the appellant does not dispute the

factual position of the case.

Accordingly, this appeal stands dismissed as infructuous. S.B. Civil Miscellaneous Appeal No. 892/2000:-

In this appeal Indian Medical Trust has challenged the same

order dated 27.06.2000, which is challenged by the respondent of

this appeal in S.B. Misc. Appeal No.776/2000.

Learned counsel for the appellant submits that this appeal is

infructuous now, as the civil suit is itself infructuous.

Accordingly this appeal also stands dismissed as infructuous.

Let certified copy of the judgment passed in Civil Suit

No.34/2003 (NCV No.2158/2014) Indian Medical Trust Vs.

Mahendra Kumar Agarwal & Ors. on 29.07.2019 be placed on the

record.

(BIRENDRA KUMAR),J

Ashwani /-2-4

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