[2026:RJ-JP:6803] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1081/2024 Khalil Ahmed S/o Abdul Sakur, Aged About 45 Years, R/o Bagarmev, Tehsil Ramgarh, Distt. Alwar (Rajasthan). ----Plaintiff Petitioner Versus 1. Rashid S/o Mohammed Hasan, R/o Fatehpur Pahadi At Present R/o Village Bagar Tiraya, Tehsil Ramgarh, Distt. Alwar (Rajasthan). 2. Anwar Hussain S/o Sardar Khan, R/o Village Bagarmev, Tehsil Ramgarh, Distt. Alwar (Rajasthan). 3. Jahoor Ahmed S/o Rasool Khan, R/o Hayat Ka Baas, Bagarmev, Tehsil Ramgarh, Dist. Alwar (Rajasthan). ----Defendant Respondents For Petitioner(s) : Mr. Fahad Hasan For Respondent(s) : Mr. Gajender Singh Rathore Mr. Aquif Khan Mr. Parth Vashisth HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 12/02/2026 1. The present writ petition has been filed assailing the order dated 16.11.2023, passed by learned Additional District and Sessions Judge, No. 1, Alwar, in the Civil Miscellaneous Appeal No.15/2021, whereby, the learned Appellate Court while allowing the appeal has set aside the order dated 30.09.2021, passed by learned Civil Judge Cum Judicial Magistrate, Ramgarh Alwar, in Civil Misc. Case No. 46/01/2021, wherein the learned Trial Court had granted temporary injunction in favour of the plaintiff- petitioner. [2026:RJ-JP:6803] (2 of 3) [CW-1081/2024] 2. Learned counsel for the petitioner submits that he had filed a suit for permanent injunction with the following prayer:- (i) यह ह त ई हम इ तई दम ह तद! "दर फरमई %र तद! & %य' ई ( )द फरमय %' ह द! म* %द उ(,&ग उ(य&ग म' " र दखल0)द% र' यत " म* %द (र त इमम य1 र द मदर" म' " र दखल 0)द% र' " र %2 आद त&र 4% र' ऐ" र " % आय। (ii) यह ह द मदम द! & तद! " दलय %' %& 07य उ8त आश 7यय ")गत हर द %। 3. He further submits that the learned Trial Court, after hearing both the parties, passed the order dated 30.09.2021. The operative portion of the said order reads as under:- (i) फलत: ; खलल 0हमद 1 (< त 0 ;गण र य %र आदश दय %त ह म>ल द तरण त 0 ;गण ; & म* %द उ(य&ग-उ(,&ग म' " , र " (द ह!) र' और म* %द (र तAर इमम ; & य1 र द मदर" म' " र दखल7द% ह!) र' म* %द म' मर (र %& ; तल लग हआ ह *%"म' मदर" "म ह, (र " र &ई 4% तल आद त&र ह!) र'। 4. Aggrieved by the said order, an appeal was preferred by the respondent herein which came to be allowed by the learned Appellate Court vide order dated 16.11.2023. 5. Learned counsel for the petitioner submits that the learned Appellate Court has committed gross illegality while allowing the appeal and setting aside the order dated 30.09.2021. 6. Per contra, learned counsel for the respondents vehemently opposed the arguments advanced by the learned counsel for the petitioner and submits that the learned Appellate Court has rightly set aside the order dated 30.09.2021 vide impugned order dated 16.11.2023. He, therefore, prays that the present writ petition is liable to be dismissed. 7. Heard both the parties and perused the material available on record. [2026:RJ-JP:6803] (3 of 3) [CW-1081/2024] 8. This Court finds that the order dated 30.09.2021, passed by the learned Trial Court on the application for temporary injunction, granted relief in terms identical to the relief prayed for in the suit and, thus, in effect, resulted in decreeing the suit itself. 9. Upon perusal of the record, this Court further finds that the learned Appellate Court, while reversing the order dated 30.09.2021, has also passed an order in the nature of a final order, as if the suit itself had been dismissed. 10. Considering the same, this Court is of the firm opinion that in the suit for permanent injunction, it is the duty of the Court to not decide the rights of the parties at the primary stage but the only duty is to protect the property in dispute. In such cases, the order to the extent that the parties shall maintain status-quo as it exists can be passed by the learned Trial Court. 11. This Court thus deems it appropriate to direct that both the parties shall maintain status-quo as it exists till the disposal of the suit. In view of the above observation, the impugned order dated 16.11.2023 as well as 30.09.2021 are quashed and set aside. The learned Trial Court is expected to decide the suit as expeditiously as possible. 12. With the aforesaid observations, the present Civil Writ Petition stands disposed of. 13. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J KRATIKA /43