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2025 DAILYLAW 6007 (RAJ)

AVINASH TODWAL v. RAHUL PAREEK S/O SHREE ASHOK KUMAR

CW/2583/2025 · 2025-02-27

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:8688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2583/2025 Avinash Todwal, Plot No. 1, Bapunagar Niwai Distict- Tonk R/o Plot No 1, Nagarik Nagar Tonk Road Sanganer Jaipur Raj. ----Petitioner Versus 1. Rahul Pareek S/o Shree Ashok Kumar, R/o Niwai Tehsil Niwai District- Tonk Rajasthan. 2. Krishna Kumar Chaudhary, Plot No. 1 Bapu Nagar Niwai Tehsil Niwai District - Tonk Rajasthan 3. Sub-Registrar, Niwai Tehsil Niwai District-Tonk. ----Respondents For Petitioner(s) : Mr. Avinash Todwal Mr. Rajendra Singh Rajawat Mr. Anirudh Singh Rathore For Respondent(s) : - HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 27/02/2025 1. This civil writ petition has been filed by the petitioner under Section 227 of the Constitution of India with a prayer to direct learned Judicial Civil Judge and Judicial Magistrate, Niwai, District Tonk (hereinafter referred to as 'the trial Court') to decide an application for Temporary Injunction No.49/2020 within one month. 2. Learned counsel for the petitioner submits that respondent No.1 has filed a suit for permanent injunction against the petitioner and one other person. Learned counsel further submits that the application for temporary injunction was also filed by the plaintiff-respondent No.1 in which learned trial Court passed an [2025:RJ-JP:8688] (2 of 2) [CW-2583/2025] interim order dated 11.08.2020 and enjoined the petitioner- defendant No.1 by an interim injunction against the petitioner. Learned counsel also submits that till now the application for temporary injunction is pending and that has not been disposed of by the trial Court. Learned counsel further submits that on various dates learned trial Court has directed the plaintiff-respondent No.1 to argue the temporary injunction application, however, the same has not been disposed of and is pending for almost 5 years, therefore, a direction be given to learned trial Court to dispose of the application for temporary injunction within one month. 3. This Court cannot give any direction to the trial Court to dispose of any matter in a time bound manner without knowing as to how many cases and how many old cases are pending before the trial Court. 4. However, looking to the fact that an ad interim order is in force against the petitioner-defendant No.1 and the same is being lingered on and main Temporary Injunction Application No.49/2020 has not been disposed of by the trial Court. Therefore, the learned trial Court is directed to dispose of the Temporary Injunction Application No.49/2020 pending before it, as early as possible without giving any unnecessary adjournments to the parties. 5. With the above said direction, the petition is disposed of. (ASHUTOSH KUMAR),J TANISHA /35