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2002 Supreme(Raj) 247

SHIV KUMAR SHARMA
Narendra Singh Rajawat – Appellant
Versus
Thakur Mohan Singh Kanota – Respondent


Advocates Appeared:
Bajrang Lal Sharma, Sr. Advocate Prem Asopa, Sr. Advocate with R.K. Agrawal and R.S. Chauhan, for Narendra Singh Rajawat and others. Sagar Mal Mehta, Advocate General, Jagdeep Dhankar, Sr. Advocate with Anil Mehta, Praveen Balwada Vijay Singh Sharma, for

Honble SHARMA, J.–In a civil suit challenging the election of the office bearers of Shri Rajput Sabha, the plaintiff Thakur Mohan Singh, moved an application under Order 39 Rules 1 and 2 CPC. Learned Additional District Judge No.1 Jaipur City vide order dated January 11, 2002 allowed the application in part and granted temporary injunction in the following terms:

(i) Defendants No.2 to 22 be restrained from operating and controlling the bank accounts, properties and cash belonging to Shri Rajput Sabha without the consent and approval of Brigadier Bhawani Singh, the Permanent President of Shri Rajput Sabha till the decision of the civil suit or completion of the term of the executive whichever is earlier.

(ii) In the event of non-cooperation by the defendants No.2 to 22 the permanent President of Shri Rajput Sabha shall be at liberty to constitute an adhoc committee under Section 9(1) of the Constitution of Shri Rajput Sabha and to conduct the fresh elections within a period of three months in the larger interest of Shri Rajput Sabha.

The plaintiff as well as the defendants No. 2 to 22 have preferred the instant Misc. appeals impugning the aforequoted order of the learned court below.

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