S.B. CIVIL MISC. APPEAL No.1800/2014.

Bherulal Vs. Bhagirath & Ors.

Judgment dated 08/12/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: J U D G M E N T ::

S.B. CIVIL MISC. APPEAL No.1800/2014.

Bherulal Vs. Bhagirath & Ors.

Date of Judgment

:::: 08

th December 2014

.

P R E S E N T

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. S.L. Jain, for the appellant/plaintiff.

- -

BY THE COURT:

1.

The present misc. appeal has been filed by the

appellant/plantiff under Order 43 Rule 1 (r) CPC, 1908, aggrieved

by the order dated 28.10.2014 passed by learned Additional

District Judge, Nimbahera in Civil Misc. Case No.42/2013

dismissing the application filed by the appellant/plaintiff under

Order 39 Rule 1 and 2 CPC seeking temporary injunction.

2.

Mr. S.L. Jain, learned counsel for the

appellant/plaintiff submits that an FIR was lodged by the father of

S.B. CIVIL MISC. APPEAL No.1800/2014.

Bherulal Vs. Bhagirath & Ors.

Judgment dated 08/12/2014

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the appellant, namely, Sh. Bhagirath (respondent

No.1/defendant) against his son, the present appellant, in which

the police after investigation filed negative final report finding that

no offence as alleged against the appellant (plaintiff) are made

out. He further submitted that FR submitted by the police has

been accepted by the competent court. He further submitted that

the plaintiff/appellant only sought the relief of status quo with

respect to land in question during pendency of the suit filed by

him for seeking cancellation of sale-deed, declaration, partition

and permanent injunction. He, therefore, argued that the learned

court below has erred in rejecting the temporary injunction

application.

3.

Having heard the learned counsel for the

appellant/plaintiff, and upon perusal of the impugned order dated

28.10.2014, this Court is satisfied that the impugned order does

not require any interference by this Court. The suit is pending

and on the basis of evidence is to be led by the parties, it will be

decided on its own merits. The third party in whose favour the

sale-deed has been executed on 27.08.2012 by the father of the

plaintiff, namely, Sh. Bhagirath, the cancellation which is sought

by the plaintiff/appellant, need not be restrained during the

pendency of this litigation between the parties from enjoying their

rights over the property in question purchased by them.

S.B. CIVIL MISC. APPEAL No.1800/2014.

Bherulal Vs. Bhagirath & Ors.

Judgment dated 08/12/2014

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4.

The present appeal filed by the appellant/plaintiff is,

therefore, found to be bereft of any merit and the same is hereby

dismissed. No costs. A copy of this order be sent to the

concerned parties and the trial court below forthwith.

(Dr. VINEET KOTHARI), J.

DJ/-

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