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2026 Supreme(Online)(Raj) 10172

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUKESH RAJPUROHIT
JODHPUR DEVELOPMENT AUTHORITY – Appellant
Versus
MAJALISE HAMDARDANE KAUM MERTI SILAWATAN JODHPUR – Respondent


Order

1. The present civil misc. appeal has been filed by the appellant (non-applicant No. 1) challenging the order dated 20.11.2025 passed by the Rajasthan Wakf Board, Jaipur, in T.I. Application No.77/2025 (Majalise Hamdardane Kaum Merti Silawatan, Jodhpur vs. Jodhpur Development Authority & Ors.), whereby application for temporary injunction filed by respondent No. 1– applicant has been allowed with a direction to the non-applicants (Jodhpur Development Authority and Municipal Corporation, Jodhpur) to maintain status quo in respect of the disputed site pending final adjudication of the suit.

2. Heard learned counsel for the parties.

3. Learned counsel for the appellant contends that the tribunal has erred in granting temporary injunction without the plaintiff establishing the essential requirements of a prima facie case, balance of convenience and irreparable loss. It is submitted that no prima facie right or title is made out, as the exchange deed dated 22.10.1966 does not cover the disputed garden and the plaintiff has not specifically claimed ownership or title over the said land.

4. Drawing attention of this Court to the Deed of Exchange, learned counsel for the appellant submit

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