RAMRAJ MEENA Vs. HANSRAJ

JUDGEMENT

(1.) The order passed by the learned District Judge, Sawai Madhopur dated 21.9.2020 is apparently erroneous under Order 43 Rule 1 CPC. An appeal lies against the said order passed in the temporary injunction application under Order 39 Rule 1 and 2 CPC. The temporary injunction which may be passed while pending the main temporary injunction application also comes within the nature of the temporary injunction as held by the Supreme Court in the case of A. Venkatasubbiah Naidu v. S. Chellappan, AIR 2000 SC 3032, wherein it was held as under:-

(2.) In view thereof, an appeal filed by the petitioner is held to be maintainable.

(3.) Issue notice of the writ petition as well as stay application, returnable within four weeks.