STATE OF RAJASTHAN Vs. JAIPAL MEEL

JUDGEMENT

(1.) THE petitioners-defendants have challenged the order dated 1.12.2007, passed by the Additional District Judge,(Fast Track) No.3, Jaipur City, Jaipur, (hereinafter referred to as the appellate court) in Civil Misc. appeal No. 11/2007(453/2007), whereby the appellate court, while allowing the appeal has set-aside the order dated 21.11.2007, passed by the Additional Civil Judge(J.D.), Jaipur City, Jaipur,(hereinafter referred to as the trial court).

(2.) WITH the consent of learned counsels for the parties, the petition is being decided finally at admission stage, the petition being pending since 2007.

(3.) AT the out-set,it is required to be noted that the trial court had dismissed the application of the respondent- plaintiff, seeking temporary injunction under Or. XXXIX R. 1 and 2 C.P.C., which order was set-aside by the appellate court vide impugned order dated 1.12.2007. However, the operation of the impugned order was stayed by this Court by detailed order dated 4.8.2008. Under the circumstances, as on today, there is no injunction operating in favour of the respondent-plaintiff or against the appellants-defendants. The said order dated 4.2.2008 passed by this Court has also not been challenged by the respondent before the higher forum and the same is continued for about four years till this date.