HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CM(M) No. 17/2025 1. Garo Devi, Age 75 years W/o Mangat Ram. 2. Subash Chander, Age 51 years S/o Mangat Ram. Both R/o Village Talhar, P.O. Arnia, Tehsil Suchetgarh, District Jammu. …..Petitioner(s) Through: Mr. Jasbir Singh Jasrotia, Advocate. Mr. Arun Partap Singh, Advocate. Vs Geeta Devi Age 35 years W/o Lt. Sh. Bawa Ram R/o A/P Village Badyal Qazian, Tehsil Suchetgarh, District Jammu. .….Respondent(s) Through: Mr. Mayank Gupta, Advocate. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (14.05.2025) 01. This petition is disposed of at its very inception stage with a direction to the court of learned Additional Munsiff (Additional Special Mobile Magistrate), R. S. Pura to dispose of pending application under Order 39 rule 1 and 2, Code of Civil Procedure (CPC), 1908 filed in a civil suit titled – “Geeta Devi vs Garo Devi & Ors.” as per the spirit of Order 39 rule 3-A CPC which itself envisages an application to be disposed within a period of 30 days. 02. The court below is hereby reminded of the understanding and responsibility that an adjudication of an application under Serial No. 37 2 CM(M) No. 17/2025 Order 39 rule 1 & 2 CPC in a civil suit is supposed to take place on the parameters, as laid down in the provisions of the law settled by the Hon’ble Supreme Court of India in catena of cases one of which being “Dalpal Kumar vs Prahlad Singh”, 1993 AIR SC 276, which are prima facie case, balance of convenience and irreparable injury and, therefore, an adjudication of application under Order 39 rule 1 & 2 CPC cannot be made hostage to any other happening or outcome relatable to the suit or the proceedings therein. 03. Disposed of alongwith connected application(s). The Additional Munsiff (Additional Special Mobile Magistrate) R. S. Pura is directed to adjudicate the temporary injunction application in the suit within next two months. 04. A copy of this order be forwarded to learned Additional Munsiff (Additional Special Mobile Magistrate), R. S. Pura by the learned Registrar Judicial, Jammu for notice and compliance. (RAHUL BHARTI) JUDGE JAMMU 14.05.2025 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2025.05.31 09:20 I attest to the accuracy and integrity of this document Jammu