[2026:RJ-JP:31044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3334/2026 CNR: RJHC020672592026 | URN: CMA / 5764U / 2026 Rajendra Prajapati Son Of Late Shri Arjun Prajapati, R/o House No. 19, Charch Road, Officers Campus, Behind Sanskar School, Vaishali Nagar, Jaipur (Aadhar No. 8810 5500 6802 Mo. No. 9829013407) ----Appellant Versus 1. Smt. Kamla @ Kamlesh W/o Late Arjun Prajapati, Aged About 67 Years, R/o House No. 19, Charch Road, Officer Campus, Behind Church Road, Vaishali Nagar, Jaipur. 2. Mukesh Prajapati S/o Late Arjun Prajapati, Aged About 48 Years, R/o House No. 19, Charch Road, Officer Campus, Behind Church Road, Vaishali Nagar, Jaipur. 3. Sunil Prajapati S/o Late Arjun Prajapati, Aged About 49 Years, R/o House No. 19, Charch Road, Officer Campus, Behind Church Road, Vaishali Nagar, Jaipur. 4. Reena Prajapati W/o Shri Sunil Prajapati, Aged About 44 Years, R/o House No. 19, Charch Road, Officer Campus, Behind Church Road, Vaishali Nagar, Jaipur. 5. Kratika Prajapati W/o Shri Mukesh Prajapati, Aged About 40 Years, R/o House No. 19, Charch Road, Officer Campus, Behind Church Road, Vaishali Nagar, Jaipur. ----Respondents For Appellant(s) : Mr. M.M. Ranjan Sr. Counsel with Mr. Yashvardhan Tolani Mr. A.K. Pareek For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/08/2026 1. Appellant-plaintiff has invoked the appellate jurisdiction of High Court under Order 43 Rule 1(r) CPC, feeling aggrieved by [2026:RJ-JP:31044] (2 of 2) [CMA-3334/2026] declining ad interim stay vide order dated 09.07.2026 passed by the Additional District & Sessions Judge No.5, Jaipur Metro-II on his application for temporary injunction. 2. Learned trial Court in the order impugned has given a reference of a family settlement dated 23.01.2025, which is duly signed by appellant-plaintiff and has declined to grant ad interim stay order, however, during course of arguments, counsel sought to impress upon the Court that the document of family settlement is only in respect of movable properties but a perusal of the document of family settlement reveals that the arguments put forth, on behalf of the appellant, is not correct. 3. 3. Learned Senior Counsel, after arguing the appeal, seeks permission to withdraw this appeal in order to pursue the application for temporary injunction on merits before the trial Court and prays a liberty that the denial of ad-interim injunction may not affect his case of grant of temporary injunction on merits on his application for temporary injunction, which is yet to be decided finally by the trial Court. 4. Accordingly, in view of above, the instant misc. appeal is dismissed as withdrawn with liberty as prayed for. Needless to observe that denial of ad-interim stay and withdraw of this appeal thereagainst, shall not affect the final adjudication of temporary injunction application on its own merits, by the trial Court. 5. Stay application and pending(s), if any, also stand disposed of. (SUDESH BANSAL),J Pcg/9