MAHENDAR KUMAR GOYAL
Subhash Sindhi Co-Operative Housing Society Limited Through Yogesh Bhatnagar – Appellant
Versus
A. K. Verma – Respondent
ORDER
Mahendar Kumar Goyal, J.—For the reasons stated in the application for early listing, the same is allowed. With the consent of the learned counsels appearing for the respective parties, the appeal is heard today for admission.
2. The appeal is directed against the order dated 09.11.2016 passed by the learned Additional District & Sessions Judge No.9, Jaipur Metropolitan, Jaipur whereby, the temporary injunction application filed by the plaintiff has been dismissed.
3. Assailing the order impugned, learned counsel for the appellant contended that the learned trial Court has erred in dismissing the application only on ground of delay in filing the suit without appreciating its facts.
4. Learned counsel for the defendant/respondent No.1, supporting the findings recorded by the learned trial Court, submitted that the learned trial Court has recorded categorical finding, based on material on record, that despite knowledge of dispute between the parties qua the land in question since the year 2005, the plaintiff did not file the suit for a period of about eight years and hence, taking conspectus of facts and circumstances of the case, it dismissed the temporary injunction applicati
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