JUDGMENT :

The appeal under Order 43, Rule 1(r), CPC is directed against the order dated 27.11.2020 passed by the learned Additional District Judge No. 1, Chittorgarh (hereinafter referred to as the learned Trial Court) whereby the learned Trial Court dismissed the application of the appellant-plaintiff under Order 39, Rule 1 & 2, CPC.

2. Learned counsel for the appellant submits hat the order passed by the learned Trial Court is arbitrary and perverse and deserves to be quashed and set aside. It is submitted that the balance of convenience, irreparable loss and prima facie case lies in favor of appellant. Thus, it is prayed that the impugned order may be quashed and set aside and the application under Order 39, Rule 1 & 2 may be allowed.

3. Learned counsel for the respondent objects to the prayer made by the learned counsel for the appellant and submits that the impugned order is well reasoned and calls for no interference.

4. Heard learned counsel for the parties and perused the material available on record.

5. A perusal of the material available on record makes it clear that the original suit itself is pending consideration before the learned Trial court since the year 2012.

6. Theref