Rekha vs Balmukund (2023:Rj-Jd:29522)
2023 Latest Caselaw 7169 Raj

[2023:RJ-JD:29522]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 81/2021

Rekha D/o Shri Bhanwar Lal Mehta W/o Shri Dilip Kumar Kanthed, Aged About 49 Years, R/o 2-B-49, Sengwa Housing Board , Senti Distt. Chittorgarh .

----Appellant Versus Balmukund S/o Shri Roop Lal Menariya, R/o Menariya Medical Store , Collectorate Circle , Chittorgarh

----Respondent

For Appellant(s) : Mr. SL Jain For Respondent(s) : Mr. NK Rastogi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

13/09/2023

The appeal under Order 43, Rule 1(r), CPC is directed

against the order dated 27.11.2020 passed by the learned

Additional District Judge No. 1, Chittorgarh (hereinafter referred to

as the learned Trial Court) whereby the learned Trial Court

dismissed the application of the appellant-plaintiff under Order 39,

Rule 1 & 2, CPC.

2. Learned counsel for the appellant submits hat the order

passed by the learned Trial Court is arbitrary and perverse and

deserves to be quashed and set aside. It is submitted that the

balance of convenience, irreparable loss and prima facie case lies

in favor of appellant. Thus, it is prayed that the impugned order

may be quashed and set aside and the application under Order 39,

Rule 1 & 2 may be allowed.

[2023:RJ-JD:29522] (2 of 2) [CMA-81/2021]

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 calls for no interference.

4. Heard learned counsel for the parties and perused the

material available on record.

5. A perusal of the material available on record makes it clear

that the original suit itself is pending consideration before the

learned Trial court since the year 2012.

6. Therefore, the present appeal is disposed of with a direction

to the learned Trial Court to decide the civil original suit itself

within a period of one year from the date of receipt of certified

copy of the order instant.

7. Till then, both the parties are directed to maintain the status

quo, as it exists today, with regard to the property in dispute.

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

Email or Fax.

(MADAN GOPAL VYAS),J 132-CPG/-

Powered by TCPDF (www.tcpdf.org)