SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2019 Supreme(Raj) 505

DINESH MEHTA
Girdhari Singh S/o Ran Singh – Appellant
Versus
Rameshwar Singh S/o Nena Ram Rajpurohit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Sachin Acharya

ORDER :

1. The present writ petition is directed against the order dated 26.02.2019, whereby an application under Order XXXIX Rule 7 of the Code of Civil Procedure, 1908, filed by the plaintiffs (respondents No.1 to 5 herein) had been allowed.

2. The facts in short are that the plaintiffs (respondent No.1 to 5) filed a suit for partition and permanent injunction against the petitioners alongwith an application for temporary injunction. Vide order dated 7.10.2016, the learned Senior Civil Judge, Balotra (hereinafter referred to as ‘the Trial Court’) has directed the parties to maintain status quo as an interim measure.

3. The plaintiffs thereafter filed an application under Order XXXIX Rule 2-A of the Code seeking appropriate orders qua the defendants alleging that they have flouted the above referred interim order dated 07.10.2016, passed by the Trial Court.

4. During the contempt proceedings, an application dated 29.01.2019 under Order XXXIX Rule 7 of the Code came to be filed by the plaintiffs requesting that a report of the Commissioner be obtained, as the defendants have raised construction and flouted the interim injunction granted by the Trial Court.

5. The Trial Court partly allo

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top