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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Miscellaneous Appeal No. 1624/2026

Devilal S/o Narayanlal Salvi, Aged About 40 Years, R/o

Kheerawara, Tehsil Salumber, District Salumbar.

----Appellant

Versus

1. Devilal S/o Ramlal Salvi, R/o Shivaji Marg, Salvi Mohalla,

Salumbar, District Salumbar.

2. Municipal Council Salumbar, Through Its Commissioner,

Municipal Council Salumbar, District Salumbar.

3. Sub Registrar, Registered Office- Salumbar, District

Salumbar.

----Respondents

For Appellant(s) : Mr. Suresh Shrimali

Mr. Rishabh Shrimali

For Respondent(s) : Mr. Rakesh Matoria

Mr. Dikshit Panwar

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

19/05/2026

1. The present appeal has been filed by the appellant

challenging the order dated 21.04.2026 passed by the Court of

learned Additional District & Sessions Judge, Salumbar, District

Salumbar (Raj.), in Civil Miscellaneous Case No.08/2025, titled as

Devilal Versus Devilal & Anr., vide which the application seeking

temporary injunction filed by the appellant-plaintiff has been

dismissed.

2. Mr. Suresh Shrimali, learned counsel for the appellant-

plaintiff submits that the learned trial Court has erred in

dismissing the said application by travelling beyond the terms of

the sale agreement entered into between the appellant-plaintiff

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and respondent-defendant No.1, which was notarized on

02.09.2023 as the said agreement provides that in the event of

non-payment of the sale consideration within the stipulated time,

the purchaser would be bound to make payment of interest at the

rate applicable to money lending transactions.

3. Learned counsel submits that while an amount of

Rs.25,00,000/- was paid on 29.09.2023, the balance amount

could not be paid, however, the applicant-plaintiff was always

ready and willing to make payment of the same.

4. Learned counsel further submits that after issuance of the

notice by the respondent-defendant No.1 on 01.02.2024, further

amount was deposited by the appellant-plaintiff into the bank

accounts of the respondent-defendant No.1 and the son of the

respondent-defendant No.1, thus, making total payment of

Rs.27,25,000/- in entirety.

5. Learned counsel further submits that initially an ad-interim

injunction was granted on 23.05.2025 by the learned trial Court,

which, though, came to an end on account of dismissal of the

application seeking temporary injunction on 21.04.2026.

6. Learned counsel finally submits that irreparable loss would

be caused to the appellant-plaintiff, which would be more grave

than the irreparable loss, if any that may be caused to the

respondent-defendant No.1, in the event the interim relief is not

granted in his favour.

7. In repudiation, Mr. Rakesh Matoria, Advocate, along with Mr.

Dikshit Panwar, Advocate, appearing on caveat on behalf of

respondent-defendant No.1, submits that merely by entering into

the sale agreement, the appellant-plaintiff who is the purchaser of

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the property, cannot be permitted to keep the entire transaction in

limbo, and once the agreement itself provides a stipulated time

frame for payment, non-compliance of the same by the appellant-

plaintiff certainly demonstrates that the appellant-plaintiff was not

willing to honour the sale agreement. Thus, he submits that the

application for temporary injunction filed before the learned trial

Court has been rightly dismissed, and requires no interference by

this Court.

8. Heard learned counsel on the stay application.

9. Taking note of the fact that the execution of the sale

agreement which was notarized on 02.09.2023 is not in dispute,

considering the fact that the payment of Rs.25,00,000/- was

initially made by the appellant-plaintiff and thereafter a further

sum of Rs.2,25,000/- was paid, thereby bringing the total

payment to Rs.27,25,000/-, and so also considering the

submissions made by