[2025:RJ-JP:14032] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1306/2025 1. Devendra Singh S/o Balbir Singh, Father/o Balbir, R/o 70- A, Fatehpur Beri, South Delhi-74 At Present R/o Flat No. 205, Second Floor, Towers Sefayar-I, Bdi, Sunshine City, Alwar Byepass Road, Bhiwadi, Tehsil Tapukara, District Khairthal-Tijara (Raj.) 2. Rakesh Kumar S/o. Late Shri Matadeen Bharamin, R/o Gadhi Alavalpur Tehsil And District Revadi, Haryana, At Present R/o Flat No. 106, First Floor, Tower Sefayar-I, Bdi, Sunshine City, Alwar Bypass Road, Bhiwadi, Tehsil Tapukda, District Khairthal- Tijara (Raj.) 3. Babita W/o Ritesh Kumar, R/o Flat No. A-502, Nhk Group Housing Society, Gurugram Haryana At Present Of Apartment No. B-602, Tower Pearl, Bdi Sunshine City, Alwar Bypass Road, Bhiwadi. 4. Amanpreet Kaur Gill W/o Simardeep Singh Randhawa, R/o Village Mimsa, Sangrur (Punjab) At Present Of Apartment No. B-106, Tower Pearl, B.d.i. Sunshine City, Alwar Bypass Road, Bhiwadi District Khairthal, Tijara, Rajasthan. ----Appellants Versus 1. M/s Berry Developers And Infrastructure Pvt. Ltd., Second Floor, Badwa Plaza-11, Plot No. 05, Central Market, Sector-10, Dwarka New Delhi Second Address B.d.i. Sunshine City, Alwar Bypass Road, Bhiwadi Tehsil Tapukara, District Khairthal Tijara (Raj.) 2. Anil Khanna S/o Late K.s. Khanna Authorizsed Signatory, M/s Berry Developers And Infrastructure Pvt. Ltd. B.d.i. Sunshine City, Alwar Bypass Road, Bhiwadi Tehsil Tapukara, District Khairthal- Tijara. (Raj.) 3. Golden Tulip B.d.i. Club And Suits, B.d.i Sunshine City., Alwar Bypass Road, Bhiwadi, Tehsil Tapukara, District Khairthal- Tijara. 4. Chief Execuitve Officer, Bhiwadi Integrated Development Authority, (Bida) Bhiwadi Tehsil Tapukara, District Khairthal Tijara. [2025:RJ-JP:14032] (2 of 4) [CMA-1306/2025] 5. Commissioner, Nagar Parishad, Bhiwadi Tehsil Tapukara, District Khairthal Tijara (Raj.) ----Respondents For Appellant(s) : Mr. R.K. Daga with Mr. Rahul Chauhan Ms. Khushi Kabra & Ms. Laveena Agarwal For Respondent(s) : - HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/03/2025 1. This Civil Miscellaneous Appeal has been filed against the order dated 12.02.2025 passed by learned Additional District Judge, Bhiwadi, District Alwar (hereinafter referred to as 'Appellate Court') whereby learned Appellate Court has partly allowed Civil Miscellaneous Appeal No.12/2024 filed by the appellants and also against the order dated 31.05.2024 passed by Civil Judge and Judicial Magistrate, Bhiwadi (hereinafter referred to as 'trial Court') by which Temporary Injunction Application No.46/7/2024 has been dismissed. 2. Learned counsel for the appellants submits that the appellants are residents of a residential society, which was developed by respondent Nos. 1 & 2. Learned counsel further submits that in the residential society, a club building was also there and the club facilities were meant for the use of the residents of the society. Learned counsel also submits that respondent Nos. 1 & 2, who are developers of the building, have illegally converted the Club House into a Hotel, which is being run by respondent No.3 causing inconvenience to the residents of the [2025:RJ-JP:14032] (3 of 4) [CMA-1306/2025] residential society and also depriving them to use the Club House. For this, the appellants filed a suit for perpetual injunction and temporary injunction application was also filed, which was dismissed by the learned trial Court against which the appeal was filed and the learned Appellate Court, after considering all these aspects, remanded the matter back to the learned trial Court for deciding the temporary injunction application of the appellants afresh. 3. After arguing for some time, learned counsel for the appellants while drawing attention of this Court towards the judgment passed by the Hon'ble Supreme Court in the case of Nadakerappa Since Deceased By LRS. & Ors. vs. Pillamma Since Decesed by LRS. & Ors. reported in 2022 LiveLaw (SC) 332, submitted that the order of the learned Appellate Court remanding the appeal to the learned trial Court and directing the learned trial Court to decide the matter afresh, is not proper. All the record of the learned trial Court was available with the learned Appellate Court, therefore, all the endeavour should be made by the learned Appellate Court to dispose of the case on merits, therefore, at this stage, learned counsel for the appellants prays that this appeal may be disposed of with the direction to learned Appellate Court to dispose of the appeal filed by the appellants on merits as early as possible. 4. Looking to the limited prayer made by learned counsel for the appellants, the appeal is disposed of and the order of the learned Appellate Court dated 12.02.2025 is quashed and set aside and the learned Appellate Court is directed to dispose of the Appeal No.12/2024 and also decide the temporary injunction [2025:RJ-JP:14032] (4 of 4) [CMA-1306/2025] application after affording opportunity to both the parties within two months from the date of notice to the opposite party. 5. With the above direction, the appeal is disposed of. 6. Pending application, if any, also stands disposed of. (ASHUTOSH KUMAR),J TANISHA /24