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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
Chief Manager – Appellant
Versus
Manju Devi Porwal – Respondent
ORDER :
(VINIT KUMAR MATHUR, J.)
Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner submits that the writ petition has been filed with the following prayers:-
“1. That, the impugned order dated 18.05.2023 (Annexure-5) passed by the Ld. Senior Civil Judge, Kapasan, Chittorgarh, in Civil Misc. Application No.08/2022, titled as Smt. Manju Devi Vs. Smt. Radha Bai and Ors. may kindly be quashed and set aside; or
2. That, the proceedings in Civil Suit No.12/2022, titled as Smt. Manju Devi Vs. Smt. Radha Bai and Ors. pending before the Ld. Senior Civil Judge, Kapasan, Chittorgarh, may kindly be quashed and set aside.
3. That, alternatively, the proceedings in Civil Suit No.12/2022 and Civil Misc. Application No.08/2022, titled as Smt. Manju Devi Vs. Smt. Radha Bai and Ors. pending before the Ld. Senior Civil Judge, Kapasan, Chittorgarh, may kindly be directed to be decided as expeditiously as possible within a fixed time frame.”
3. Learned counsel for the petitioner submits that the petitioner is Bank from whom the respondents have taken loan and because of partition suit, the interim order has been passed in the matter, wherein the petitioner is also party-responden
Judicial efficiency requires timely resolution of pending applications to prevent undue delays in legal proceedings.
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....
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
The court allows reopening of interim relief applications in partition suits to ensure fair consideration.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
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