JUDGMENT :

ANOOP KUMAR DHAND, J.

1. Issue involved in both the Misc. Appeals is common, hence, same are being decided together by this common judgment.

2. These appeals involve a tussle and short issue with regard to applicability of the principle of “Res-Judicata” on the successive/second temporary injunction application filed under Order 39 Rules 1 and 2 CPC filed under the changed circumstances.

3. For the sake of convenience, the facts of Civil Misc. Appeal No. 4410/2019, are taken into consideration.

4. Challenge in this appeal filed by the appellant/defendant-Ramsharan Gupta (for short ‘the defendant’) has been made to the impugned order dated 12.6.2019 passed by the Court of learned Addl. District and Sessions Judge, No. 2, Jaipur Metropolitan, Jaipur (for short ‘Court below’) in Civil Misc. Application No. 38/2018 by which second/successive application filed by the respondent/plaintiff (for short ‘the plaintiff’) for temporary injunction in a suit for specific performance has been allowed and the directions have been issued to the defendant not to raise any construction and also not to make any changes in the suit property, till disposal of the suit.

5. Facts of the case in nutsh