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S.B. Civil Misc. Appeal No. 3743/2011. Case: Kanaram Meena Vs Gurucharan Singh Chahal & Anr.. Rajasthan High Court

Judgment Cited in Precedent Map Related
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Case NumberS.B. Civil Misc. Appeal No. 3743/2011
CounselFor Appellant: Mr. R. B. Mathur, Adv. And For Respondents: Mr. R. K. Daga, Adv.
JudgesBela M. Trivedi, J.
IssueCode of Civil Procedure, 1908 (CPC) - Rules 1, 2; Rajasthan Land Revenue Act, 1956 - Section 90B
Judgement DateMay 01, 2013
CourtRajasthan High Court

Order:

Bela M. Trivedi, J.

  1. With the consent of the learned counsels for the parties the appeal is being decided finally at the admission stage. The present appeal has been filed under Order XLIII Rule 1 of CPC challenging the order dated 28.07.2011 passed by the Additional District & Sessions Judge No. 4, Jaipur City, Jaipur (hereinafter referred to as "the trial court") in T.I. Application No. 30/2011, whereby the trial court has dismissed the said application seeking temporary injunction filed under Order XXXIX Rule 1 & 2 of CPC.

  2. The appellant-plaintiff has filed the suit against the respondents-defendants seeking permanent injunction and also the possession of the disputed part of khasra No. 172/332. Pending the said suit, the appellants had filed the application seeking temporary injunction, which has been dismissed by the trial court on the ground that the appellant-plaintiff had failed to prove any prima facie case in his favour and the balance of convenience was also not in favour of the appellant-plaintiff.

  3. It is submitted by the learned counsel Mr. R.B. Mathur for the appellant that the khasra No. 172/332 and No. 185 were in the names of the appellant and his uncle Gulu Meena, and that they had not sold the said disputed plot No. 172/332 to anybody. He further submitted that the J.D.A. Tribunal had passed the order dated 15.02.2005 in reference No. 223/04, restraining the JDA from allotting the disputed khasra No. 172/332 to...

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