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2026 DAILYLAW 20475 (RAJ)

LAXMI NARAYAN S/O LATE SHRI BHANWARLAL MALI v. DUNGAR MAL S/O LATE SHRI SHANKAR LAL SANKHALA (MALI)

CW/20508/2025 · 2026-01-13

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:1227] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20508/2025 1. Laxmi Narayan S/o Late Shri Bhanwarlal Mali, Resident Of Opp. Dadabadi, Bijaynagar Road, Beawar (Raj.) 2. Parmeshwar S/o Late Shri Bhanwarlal Mali, Resident Of Opp. Dadabadi, Bijaynagar Road, Beawar (Raj.) ----Petitioners/Defendants Versus Dungar Mal S/o Late Shri Shankar Lal Sankhala (Mali), R/o Near Shahu Vatika, Bijaynagar Road, Beawar (Raj.) ----Respondent/Plaintiff For Petitioner(s) : Mr. Bharat Saini For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 13/01/2026 1. The present writ petition has been filed challenging the order dated 28.08.2025 passed by learned Additional Civil Judge and Judicial Magistrate, No.3, Beawer whereby, ad-interim temporary injunction application was decided against the defendant- petitioner by the learned Trial Court. The main temporary injunction application is pending adjudication. 2. Learned counsel for the petitioner submits that though he is not affected by the order, however, he submits that respondent- plaintiff may also be restrained from utilizing the way for any commercial purpose. 3. This Court finds that there is no counter temporary injunction application preferred by the defendant-petitioner and the order is only an ad-interim order. [2026:RJ-JP:1227] (2 of 2) [CW-20508/2025] 4. Considering the same, this Court deems it appropriate to direct the learned Trial Court to decide the temporary injunction application within a period of 60 days from the date of receipt of certified copy of this order. 5. The defendant-petitioner would also be at liberty to file any counter temporary injunction, if so advised. If any such counter temporary injunction application is filed, it is expected from the learned Trial Court to decide it within a period of 60 days without being influenced by the order dated 28.08.2025. 6. With the above observations, the present civil writ petition stands disposed of. 7. All pending application(s) also stand disposed of. (BIPIN GUPTA),J MAHIMA/1