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2011 DIGILAW 855 (RAJ)

Naveen Bhai P. Shah v. Tushar Chandu Lal Mehta

2011-05-02

MAHESH BHAGWATI

body2011
JUDGMENT 1. - Heard learned counsel for the parties and carefully perused the impugned order dated 22nd February, 2011, whereby the learned Additional District Judge (Fast Track) No.3, Jaipur City, Jaipur remitted the case to the learned trial court for deciding the temporary injunction application after affording an opportunity of being heard to both the parties. 2. Learned counsel for the petitioners, albeit, argued the facts of the case ad-longum, but finally confined his submission to the sole question that the learned trial court may be directed to adjudicate the temporary injunction application filed under Order 39, Rule 1 and 2 CPC afresh after affording an opportunity of being heard to both the parties. 3. Learned counsel appearing for the respondents agrees to the submission made by the learned counsel for the petitioners. 4. In view of the consent of the learned counsel for the parties, the learned trial court is directed to decide the temporary injunction application filed under Order 39, Rule 1 and 2 CPC, afresh, after affording an opportunity of being heard to both the parties, as early as possible. 5. The writ petition stands disposed of with the afore-stated directions. 6. Consequent upon the disposal of writ petition, the stay application does not survive and that also stands disposed of.Writ Petition Disposed of as Above. *******