[2025:RJ-JP:26836] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3389/2024 1. Shekhawati Shikshan Prashikshan Samiti, Todi Gudhagaurji Tehsil Udaipurwati District Jhunjhunu Through Chairman Mohanlal Dhayal S/o Bhagwanaram R/o Dhaylon Ka Baas, Kari Tehsil Navalgarh District Jhunjhunu. 2. Mamraj Singh S/o Shri Jagnaram, R/o Kari Tehsil Navalgarh District Jhunjhunu. 3. Bajranglal S/o Shri Phoolchand, R/o Badwasi Tehsil Navalgarh District Jhunjhunu. 4. Mani Devi W/o Rawat Singh, R/o Ajadi Khurd Tehsil And District Jhunjhunu 5. Madanlal S/o Shri Kaluram, R/o Mundon Ki Dhani Tan Chhau Tehsil Udaipurwati District Jhunjhunu. ----Appellants Versus Taramani W/o Shri Ramniwas, R/o Mundon Ki Dhani Tan Chhau Tehsil Udaipurwati District Jhunjhunu Through Power Of Attorney Holder Ramniwas S/o Shri Rameshwarlal, R/o Mundon Ki Dhani Tan Chhau Tehsil Udaipurwati District Jhunjhunu. ----Non-Appellant-Plaintiff For Appellant(s) : Mr. H.S. Sinsinwar For Respondent(s) : Mr. Sumer Singh HON'BLE MR. JUSTICE GANESH RAM MEENA Order 17/07/2025 1. This appeal has been preferred by the appellants/defendants challenging the order dated 29.05.2024 passed by the Court of learned Additional District Judge No. 1, Jhunjhunu (Raj.) (hereinafter is to be referred to as 'the Court below') in Civil Misc. Case No. 5/2020 (CIS 34/19), whereby the [2025:RJ-JP:26836] (2 of 3) [CMA-3389/2024] application for Temporary Injunction (in short 'TI application') filed by the non-appellant/plaintiff was partly allowed.. 2. The Court below vide its order dated 29.05.2024 has passed an order as under:- ^^vr% izkfFkZ;k rkjke.kh dh vksj ls izLrqr vkosnu vUrxZr vkns'k 39 fu;e 1 o 2 flfoy izfØ;k lafgrk ewy okn ds xq.kkoxq.k ij dksbZ fVIi.kh fd;s fcuk vkaf'kd :i ls Lohdkj fd;k tkdj vizkFkhZx.k dks bl vk'k; dh vLFkkbZ fu"ks/kkKk ls ikcan fd;k tkrk gS fd os ewy okn ds vafre fuLrkj.k rd vizkFkhZ la[;k&1 laLFkk ds vk/kkjHkwr Lo:i esa fdlh izdkj dk dksbZ ifjorZu ugha djsa] laLFkk dk fdlh izdkj ls fo?kVu ;k fdlh vU; laLFkk esa foy; ugha djsa ,oa laLFkk ds [kkrksa esa fdlh izdkj ls dksbZ NsMNkM+ ,oa [kqnZ cqnZ ugha djsaA ** 3. After hearing at some length, learned counsel for the appellants/defendants submits that the appellants undertake that neither they will make any change in the basic structure of the institution nor they will dissolve or merge it in any other institution. However, they may be allowed to withdraw the money from the bank account of the institution towards the salary, expenditure and other lawful expenditure of the institution. 4. Learned counsel appearing on behalf of the non- appellant/plaintiff submits that in view of the undertaking given by the counsel for the appellants/defendants, he has no objection from withdrawal of the amount from the bank account for paying salary of the employees and to fatch other lawful expenses of the institution. 5. In view of the undertaking given by the counsel for the appellants/defendants and the submission of the counsel for the non-appellant/plaintiff, the impugned order dated 29.05.2024 is modified as under: (A) In view of the undertaking given by the counsel for the appellants/defendants, the appellants/defendants shall not make [2025:RJ-JP:26836] (3 of 3) [CMA-3389/2024] any change in the basic structure of the institution and shall not dissolve or merge the institution in other institution. However, the appellant would be free to withdraw the amount from the bank account of the institution for expenditure towards salary of the employees of the institution and other basic lawful expenditure of the institution. 6. This order shall remain in effect till disposal of the suit proceedings. 7. Accordingly, the present civil misc. appeal stands disposed of. 8. Pending application(s), if any, also stand disposed of. (GANESH RAM MEENA),J ANIL SHARMA /70