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2022 Supreme(Raj) 848

FARJAND ALI
Purushottam Devi W/o Late Shri Nand Lal Sharma – Appellant
Versus
Ketan Sharma S/o Shri Kishan Lal Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Narendra Thanvi.
For the Respondent: Muktesh Maheshwari.

JUDGMENT :

FARJAND ALI, J.

1. The instant Civil Misc. Appeal has been filed by the defendant-appellant Smt. Purushottam Devi assailing the impugned order dated 25.02.2022 passed by the learned Additional District Judge No. 7, Jodhpur Metropolitan in Civil Misc. Case No. 16/2022 (N.C.V. No. 215/2021) whereby the learned Court below allowed the application for temporary injunction filed by the respondents Nos. 1 and 2 in a suit for declaration and permanent injunction.

2. The learned Court below after considering the rival submissions has recorded an affirmative finding that respondent-plaintiff has proved the existence of a prima-facie case in his favour and further, he has been able to prove two other necessary ingredients required for grant of temporary injunction namely balance of convenience and irreparable loss. With this conclusion, the learned Court below has granted indulgence to the respondent-plaintiff and has passed the impugned order.

3. Learned counsel for the appellant has raised the following grounds in this appeal, which are reproduced as under:

    (i) That the learned trial court has gravelly erred in law as well as in facts in passing the impugned order dated 25.02.2022 ag

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