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2025 DAILYLAW 4897 (RAJ)

SMT DHANNI DEVI AND OTHERS v. MUKESH YADAV

CMA/659/2013 · 2025-04-08

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:15772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 659/2013 1. Dhani Devi W/o Late Shri Kesarlal @ Kesra, R/o village Muhana, Tehsil Sanganer District Jaipur. 2. Kanaram S/o Late Shri Ramu, R/o village Muhana, Tehsil Sanganer, District Jaipur. 3. Habu W/o Sheonarain D/o Late Ramu 4. Prabhati W/o Mewaram D/o Late Ramu 5. Shanti W/o Ramu D/o Late Ramu All residents of village Sheosinghpura via Jhotwara, Panchayat Samiti Jhotwara, District Jaipur. 6. Lalaram S/o Ganesh, R/o village Muhana Tehsil Sanganer District Jaipur 7. Bhanwarlal 8. Bheruram 9. Laxminarain All sons of Late Kesarlal @ Kesra, R/o village Muhana, Tehsil Sanganer, District Jaipur. 10. Tehsildar, Tehsil Sanganer, District Jaipur. ----Appellants/Defendants Versus Mukesh Yadav S/o Shri Lalluram Yadav, R/o village Muhana, Tehsil Sanganer District Jaipur. ----Respondent/Plaintiff For Appellant(s) : Mr. Mudit Singhvi Mr. Siddharth Sharma Mr. Vineet Mehta For Respondent(s) : Mr. R.K. Daga Mr. Rahul Singh Chauhan HON'BLE MR. JUSTICE MANEESH SHARMA Order 08/04/2025 1. The instant appeal has been preferred by the appellants against the order dated 23.01.2013 passed by Additional Sessions Judge No.13, Jaipur Metropolitan in T.I. Application No.236/2012 whereby the application filed by the respondent has been allowed. 2. Brief facts of the case are that the respondent filed a suit for specific performance and along with the said suit, they also filed [2025:RJ-JP:15772] (2 of 2) [CMA-659/2013] an application for grant of temporary injunction which was allowed with the direction that the present appellants shall not alienate the suit property. 3. The appellants have challenged the impugned order dated 23.01.2023 wherein on 27.05.2013 the operation of the impugned order was ordered to be stayed and that interim order is still operative. 4. Learned counsel for the parties fairly submit that the suit in question has riped up for final hearing and fixed for final arguments on 23.04.2025, therefore, they jointly submitted that this interim order may be made absolute till final disposal of suit. 5. However, they further submits that it may be made clear that findings recorded in the impugned order including the interim order passed by Hon'ble Court may not cause any influence while hearing arguments of the main suit. 6. The aforesaid request of both the counsels seems to be genuine and accordingly this appeal is disposed of with the direction as under:- "Interim order dated 27.05.2013 is made absolute and trial Court is directed to decide the main suit within a period of one month from today without their being influence by the interim order dated 27.05.2013 as well as finding recorded in the impugned order dated 23.01.2023." 7. The appeal stands disposed of. (MANEESH SHARMA),J Deepa-106