High CourtsSingle Bench(2022) 11 RAJ CK 0113

Patasi vs Hapu Devi And Ors

Rajasthan High Court · Decided on 25 November 2022

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Dismissed
CASE NUMBER
S.B. Civil Miscellaneous Appeal No. 42 Of 2017

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Judgment

9 paragraphs · 182 words

Dinesh Mehta, J

1.

The present appeal is directed against the order dated 26.09.2016 passed by the Additional District Judge No. 5, Jodhpur Metropolitan, whereby the application for temporary injunction preferred by the appellant has been rejected.

2.

Heard learned counsel for the respondents and perused the record.

3.

Mr. Choudhary, learned counsel for the respondents argued that present appeal, which has been filed against rejection of TI application, is pending since 2017 and in the meantime, the suit itself has reached the final stage.

4.

It was pointed out by Mr. Choudhary that the appellant is not arguing the matter before the trial court and seeking adjournments on the pretext of pendency of the present appeal.

5.

Having heard learned counsel for the respondents and upon perusal of the order impugned as also considering that the suit itself has reached the final stage, this Court does not find any reason to interfere.

6.

The appeal is, therefore, rejected.

7.

The trial court shall proceed with the suit itself in accordance with law.

8.

The stay application also stands disposed of accordingly.