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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Dr. Justice Nupur Bhati, J
Honorary Flight Lieutenant Shubhash Ji Nandwana – Appellant
Versus
Harshvardhan Nandwana – Respondent
Order :
1. The instant writ petition has been filed while challenging the order dated 02.09.2020 passed by District Judge, Bhilwara, whereby, the appeal filed by the petitioner under the provisions of Order XLIII Rule 1 (r) of CPC challenging the order dated 20.08.2020 passed by the learned trial, Bhilwara, in a suit filed by the petitioner/plaintiff has been dismissed. By the said order, the trial court granted an ad-interim temporary injunction while allowing the defendant to proceed with construction, subject to the out- come of the temporary injunction application. Additionally, liberty was granted to the defendant to alienate the property, with such transactions remaining subject to the final decision on the temporary injunction.
2. Brief facts of the case stated by the petitioner in the writ petition are that the petitioner/plaintiff filed a civil suit seeking a permanent injunction and cancellation of the power of attorney dated 05.11.1997 executed in favor of defendant no.1, as well as the sale deeds dated 10.11.1997 and 15.11.2010 executed in favor of defendant no.2 and 3, respectively. The agricultural land in question, situated at Bhilwara, was allotted to the plaintiff, w
An aggrieved party has the right to appeal against an ad-interim injunction under Order XLIII Rule 1 of CPC, ensuring judicial compliance with procedural mandates.
The burden of proof lies with the petitioner to demonstrate willful violation of an interim order, which was not established in this case.
Interim orders issued by civil courts, including ex-parte ad-interim injunctions, are appealable under Order 43 Rule 1 C.P.C., and aggrieved parties must pursue the appropriate appellate remedies rat....
For a temporary injunction, the applicant must establish prima facie entitlement based on possession, which was not demonstrated in this case.
The court upheld the Appellate Court's decision to grant a temporary injunction, emphasizing the need to maintain status quo to prevent irreparable loss and multiplicity of proceedings.
The need for further evidence to determine the genuineness of conflicting documents justified maintaining status quo on the disputed land until the suit's resolution.
The necessity of a fair hearing and proper jurisdiction in civil suits is paramount, with the appellate court required to consider these aspects before remanding a case.
The duty of the trial Court to consider all relevant principles of law and the principles governing the grant of temporary injunction restraining alienation were the central legal points established ....
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