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2013 DIGILAW 1929 (RAJ)

Sushil Agarwal v. Anand Agarwal

2013-11-06

DINESH MAHESHWARI, V.K.MATHUR

body2013
JUDGMENT 1. - This intra-court appeal is sought to be maintained against the order dated 29.08.2013 as passed by a learned Single Judge of this Court in CWP No.4044/2013. The said writ petition was filed seeking to question the order dated 07.12.2012 as passed by the Addl. District Judge No.5, Jodhpur Metropolitan, Jodhpur in Civil Misc. Appeal No.13/2012, which was filed against the order dated 05.07.2012, as passed by the Civil Judge (Jr.Div.), No.2, Jodhpur Metropolitan, Jodhpur in Civil Misc. Case No.203/2012. 2. By the aforesaid order dated 05.07.2012, the learned Civil Judge (Jr.Div.) No.2, Jodhpur Metropolitan, Jodhpur declined the prayer made by the plaintiff-appellant for issuance of a temporary injunction pending the civil suit. The order so passed by the Trial Court was maintained by the appellate Court in its order dated 07.12.2012. The learned Single Judge has found no reason to interfere in the matter and hence, has dismissed the writ petition by the impugned order dated 29.08.2013. 3. Evident it is that this intra-court appeal has been filed against the orders passed in the proceedings arising out of a pending civil suit wherein, the prayer for temporary injunction has been declined. Per the ratio of the decision of this Court in Sukh Dev v. Prakash Chandra : AIR 2010 Rajasthan 153, this intra-court appeal is not maintainable and stands dismissed as such.Appeal Dismissed. *******