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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Narendra Singh Dhaddha, J
SMT. SAVITRI DEVI W/O BINOD KUMAR – Appellant
Versus
VIKAS KUMAR S/O SHRI BINOD KUMAR – Respondent
CW / 6228 / 2021
Order :
S.B. Civil Writ Petition No. 13815/2022
1. The present civil writ petition has been filed by the petitioners challenging the order dated 22.07.2022 passed by the Additional District Judge, Khetri, in suit No. 27/2021, whereby the application under Order 7 Rule 11 CPC moved by the petitioners has been disposed of.
2. Heard learned counsel for he petitioners.
3. Taking into consideration the facts and circumstances of the case, without interfering with the impugned order, petition filed by the petitioners is disposed of and the trial Court is directed to frame the preliminary issue with regard to objection raised by the petitioners in the application under Order 7 Rule 11 CPC and decide the same in accordance with law.
S.B. Civil Writ Petition No. 6228/2021
1. This civil writ petition has been filed by the petitioners challenging the order dated 07.05.2021 passed by Additional District Judge, Khetri, in CMC/292/2021, whereby temporary injunction has been granted in favour of the respondents.
2. Taking into consideration the facts and circumstances of the case, without interfering with the impugned order, the petition filed by the petitioners is disposed of and the trial court is directed to decide the temporary injunction application, if pending before it, expeditiously and if possible within three months from the date of receipt of a certified copy of this order, in accordance with law.
3. Meanwhile, the order dated 28.05.2021 passed by this Court shall remain in force.
4. Pending application(s), if any, stand(s) disposed of.
Judicial discretion allows courts to direct lower courts to expedite pending matters while upholding existing orders.
The dismissal of the original suit nullifies any interim orders, and the appellate court's decision to set aside the trial court's civil imprisonment directive was correct.
The court emphasized the need for timely resolution of applications in legal proceedings, directing the Trial Court to address the pending injunction application within a specified time to uphold jus....
The trial Court has discretion in framing issues and did not err in dismissing the defendants' application as the proposed issues were already incorporated.
Point of law: Hon’ble Supreme Court as well as various Courts while interpreting power under Section 151 CPC has held that when no specific provision is there, under which, relief can be granted, the....
The Court emphasized the independence of the Trial Court in considering applications for injunction and the need for expeditious disposal of such applications.
A trial court's order must be reasoned and address all objections raised; failure to do so results in substantial injustice.
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