JUDGMENT :

MADAN GOPAL VYAS, J.

The present appeal has been preferred by the appellant against the order dated 12.03.2024 passed by the learned Additional District Judge, Makrana, District Nagaur (‘the learned Court below’) in Civil Misc. Case No. 20/2024, whereby an ad interim injunction order in favour of the plaintiff-respondent has been passed by the learned Court in a suit for permanent injunction filed by the respondent.

2. Learned counsel for the appellant submitted that the order impugned as passed by the learned Court below is totally in contravention to the provisions of Order XXXIX Rule 3, Code of Civil Procedure (CPC) (herein after referred to as 'the Rule') and hence deserves to be set aside. Learned counsel submitted that it is the mandate of law that before granting an injunction, the notice of the application is to be given to the opposite party in all cases and it is only where it appears to the Court that the object of granting the injunction would be defeated by delay, the Court shall proceed on to grant an injunction without notice to the opposite party. The proviso to Order XXXIX Rule 3, CPC specifically lays down that while doing so, the Court shall record the re