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2022 Supreme(Raj) 955

PRAKASH GUPTA
Ghanshyam – Appellant
Versus
Bhagwati Prasad Soni – Respondent


Advocates appeared:
Mr. Mohd. Adil, Advocate, for the Appellant
Mr. Akash Gupta, Advocate, for the Respondent.

JUDGMENT

1. This Civil Misc. Appeal has been filed by the appellant- plaintiff (for short, 'the plaintiff') against the order dated 10.3.2022 passed by Addl. District Judge No.2, Sambhar Lake, District Jaipur, whereby the temporary injunction application filed by the plaintiff has been dismissed.

2. Facts of the case are that the plaintiff filed a suit against the respondents-defendants (for short, 'the defendants') for cancellation of the sale deed dated 30.5.2012, declaration and permanent injunction. He also filed an application for temporary injunction. The respondents-defendants (for short, 'the defendants') filed reply thereto. The trial court vide its order dated 10.3.2022 has dismissed the application for temporary injunction filed by the plaintiff. Hence, this appeal.

3. Learned counsel for the plaintiff submits that the order dated 10.3.2022 passed by the trial court is based on non consideration of the material documents. He further submits that from the affidavit and documents produced by the plaintiff, he was able to make out a strong prima-facie case for granting T.I. in his favour, but without considering the material available on record, the court below dismissed the t

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