Motilal vs Smt. Keshar Kawar ...
2023 Latest Caselaw 7818 Raj

[2023:RJ-JD:32334]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1379/2023

Motilal S/o Poonma, Aged About 63 Years, Resident Of Rodla, Tehsil Aahore, District Jalore.

----Appellant Versus Smt. Keshar Kawar D/o Poonma, W/o Jabbar Singh, Resident Of Rodla, Tehsil Aahore, District Jalore.

----Respondent

For Appellant(s) : Mr. Rajesh Choudhary For Respondent(s) : Mr. Govind Suthar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

03/10/2023

Heard learned counsel for the appellant on admission stage.

The present appeal under Order 43, Rule 1, CPC preferred by

the appellant-defendant is directed against the order dated

28.04.2023 passed by the learned District Judge Jalore

(hereinafter referred to as the learned Trial Court), whereby the

learned Trial Court allowed the application filed by the plaintiff-

respondent under Order 39, Rule 1 & 2 read with Section 151

CPC.

2. Learned counsel for the appellant submits that while deciding

the application for grant of temporary injunction, the learned Trial

Court has not passed the order on its merits and there was no

consideration by the learned trial court with regard to all the three

ingredients i.e., prima facie case, balance of convenience and

irreparable loss. Learned trial court passed the order impugned

while holding that both the parties were having consent that till

[2023:RJ-JD:32334] (2 of 2) [CMA-1379/2023]

the disposal of the suit, the parties shall not sale, gift, mortgage

or create any third party rights, whereas, there was no consent on

the part of the appellant. Thus, it is prayed that the impugned

order may be quashed and set aside.

3. Learned counsel for the respondent objects to the prayer

made by the learned counsel for the appellant and submits that

the impugned order is well reasoned and was passed with the

consent of the appellant.

4. Heard learned counsel for the parties and perused the

material available on record.

5. In view of the above, the present appeal is disposed of with

a direction to the learned Trial Court to decide the temporary

injunction application itself on its merits after providing an

opportunity of hearing to all the parties within a period of one

month from the date of receipt of certified copy of the order

instant.

7. Till then, the impugned order dated 28.04.2023 passed by

learned Trial Court shall remain in currency.

8. Stay application also stands disposed of accordingly.

9. A copy of this order be sent to learned Trial Court through

Email or Fax.

(MADAN GOPAL VYAS),J 26-CPG/-

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