HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 2059/2022

Mahendra Kumar Sharma S/o Late Shri Santkumar Sharma,

Aged About 65 Years, R/o B-31 Ganesh Colony, Vidhya Vihar,

Pilani, Tehsil Surajgarh, District Jhunjhunu (Rajasthan).

----Appellant

Versus

1.

Sushil Kumar S/o Sant Kumar Sharma, Aged About 62

Years,

2.

Smt. Sarda Devi W/o Sant Kumar Sharma, Aged About 85

Years,

Both R/o B-31 Ganesh Colony, Vidhya Vihar, Pilani, Tehsil

Surajgarh, District Jhunjhunu (Rajasthan).

----Respondents/Non-Applicants

For Appellant(s)

:

Mr. Arun Singh Shekhawat, Adv.

For Respondent(s)

:

Mr. Subhash Sharma, Adv.

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

13/10/2022

This appeal has been filed by the appellant-applicant-plainitff

(for short, ‘the applicant’) against the order dated 19.07.2022

passed by the trial Court whereby the application for Temporary

Injunction filed by the applicant under Order 39 Rule 1 and 2 CPC

has been dismissed.

It is submitted by learned counsel for the respondents-non-

applicants (for short, ‘the non-applicants’) that a wall for laying

tin-shed was constructed near washroom for using the same by

mother of appellant-non-applicant No.1, who is 85 years old lady

and faces difficulty in going to washroom. The non-applicants are

not raising any construction over the suit property and are ready

(2 of 2)

[CMA-2059/2022]

to maintain status quo, as it exists today over the suit property

during the pendency of the suit.

In view of the above, the order dated 19.07.2022 passed by

the trial court is set aside and during the pendency of the suit,

both the parties are directed to maintain status quo, as it exits

today, over the suit property.

The Temporary Injunction application and the civil misc.

appeal are disposed of accordingly.

(PRAKASH GUPTA),J

Pcg/DK/21