Romel Singh Panwar vs Amarjeet Kaur ...
2023 Latest Caselaw 7702 Raj

[2023:RJ-JD:31692] (1 of 2) [CMA-1590/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1590/2023

Romel Singh Panwar S/o Late Shri Gurmeet Singh, Aged About 52 Years, Resident Of Village Raisinghnagar, District Ganganagar, At Present Resident Of House No. 266, Sector 6, Malviya Nagar, Jaipur (Raj.)

----Appellant Versus

1. Amarjeet Kaur W/o Late Gurmeet Singh, R/o Dr. Gurmeet Singh Memorial Hospital, Panchayat Samiti Road, Raisinghnagar, District Ganganagar (Raj.). Through Power Of Attorney Karandeep Singh S/o Karnel Singh, By Caste Jat Sikh, R/o House No. 655-A, Shakti Nagar, Kalka, Panchkula, Hariyana.

2. Shri Karandeep Singh S/o Shri Karnel Singh, R/o House No. 655-A, Shakti Nagar, Kalka, Panchkula, Hariyana.

3. Shri Parvinder Kumar S/o Shri Shivkumar, R/o Ward No. 09, Raisinghnagar, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.)

4. State Of Rajasthan, Through Tehsildar Raisinghnagar, Tehsil Raisinghnagar, District Ganganagar (Raj.)

5. Sub Registrar, Raisinghnagar, Tehsil Raisinghnagar, District Ganganangar (Raj.)

----Respondents

For Appellant(s) : Mr. NL Joshi Ms. Kirti Pareek For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

26/09/2023

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

against the order dated 12.09.2023 passed by the learned

Additional District Judge No. 2, Raisinghnagar, District

[2023:RJ-JD:31692] (2 of 2) [CMA-1590/2023]

Sriganganagar (hereinafter referred to as the learned Trial Court)

whereby the learned Trial Court while granting an interim order in

application for temporary injunction, directed the parties not to

alienate or transfer the disputed property and also granted liberty

to respondents to get mutation of land in their name. The

appellant has preferred the present appeal to set aside the

impugned order to the extent that it allowed the respondents to

get mutation of land in his name.

2. Heard learned counsel for the party and perused the material

available on record.

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

that the application for temporary injunction is itself pending. The

reply to the applicaton under Order 39, Rule 1 & 2 CPC has

already been filed on 11.09.2023.

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

to the learned Trial Court to decide the application for temporary

injunction itself within a period of three months from the date of

receipt of certified copy of the order instant.

7. Till then, the interim order dated 12.09.2023 passed by

learned Trial Court shall remain in currency. It is further directed

that the parties shall maintain status quo, as it exists today, with

respect to the revenue records of the suit property.

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 31-CPG/-

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