PRABHU DAYAL MODI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the orders dated 7th December, 2010 and 14th October, 2010 passed by Additional District Judge No.5, Jaipur City, Jaipur and Additional Civil Judge (Sr.Div.) No.2, Jaipur City, Jaipur respectively.

(2.) HAVING heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned orders, it is noticed that a suit was filed by plaintiff/petitioner for permanent injunction together with an application for temporary injunction against the defendant/respondent. The learned trial court, having analyzed the matter ad-longum dismissed the application for temporary injunction vide order dated 14th October, 2010. Aggrieved with the order, the plaintiff-petitioner preferred an appeal and the learned appellate court also, vide its order dated 7th December, 2010, dismissed the appeal of the plaintiff-petitioner and affirmed the order of the learned trial court. Thus, there has been a concurrent finding of fact of both the courts below.

(3.) IN this case, the Hon'ble Apex Court observed that the High Court had no jurisdiction after reversing the concurrent findings of fact of the courts below and remand the case to the Additional Judicial Commissioner.