High CourtsSingle Bench(2023) 02 RAJ CK 0039

Shakur And Others vs Chand Khan

Rajasthan High Court · Decided on 9 February 2023

HON’BLE JUDGES
Yogendra Kumar Purohit, J
RESULT
Dismissed
CASE NUMBER
S.B. Civil Miscellaneous Appeal No. 507 Of 2014

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Judgment

4 paragraphs · 150 words

Yogendra Kumar Purohit, J

The appellants have filed the instant civil misc. appeal aggrieved by the order dated 31.1.2014 passed by learned Additional District Judge No.1, Chittorgarh in Civil Misc. Case No. 10/2013 “Shakur & Ors. Vs. Chand Khan”, whereby an application preferred by the appellants seeking temporary injunction under sOrder 39 Rule 1 & 2 CPC in Original Suit No. 34/2014, has been dismissed.

It is to be noticed that the Original Suit No.34/2014 “Shakur & Ors. Vs. Chand Khan” filed by the appellants seeking specific performance of the agreement and permanent injunction, itself has been decided by the learned Additional District Judge No.3, Chittorgarh vide judgment dated 31.10.2018, therefore, the present appeal preferred against the order 31.1.2014 dismissing the application under Order 39 Rule 1 & 2 in the said suit, has become infructuous.

Accordingly, the appeal is dismissed as having rendered infructuous. Stay application also stands dismissed.