HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5270/2024 Shravanlal Meena Adopted S/o Prabhatilal ----Appellant Versus Durgaprasad Saini S/o Ishwarram ----Respondent For Appellant(s) : Mr. S.S. Hora with Mr. Adesh Arora For Respondent(s) : Mr. Lakhan Sharma for Mr. Prahlad Sharma HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

16/04/2025 This appeal is listed for orders under the heading of "defect category".

Learned counsel appearing for the appellant submits that the Registry has pointed out the defect that the present Civil Misc. Appeal has been filed against the order dated 15.06.2024 which is an interim order passed by the learned Additional District Judge, Srimadhopur, District Sikar under Order 39 Rule 1 & 2 CPC.

Hence, the present appeal seems not proper.

Learned counsel further submits that the interim order passed in exercise of powers under Order 39 Rule 1 & 2 CPC can be challenged by filing Civil Misc. Appeal in view of the provisions under Order 43 Rule 1 CPC. He has relied upon the judgment of the Hon'ble Apex Court passed in the case of A Venkatasubbiah Naidu Vs. S. Chellappan & Ors. reported in (2000) 7 SCC

695.

Learned counsel furthe