GHANSHYAM Vs. BHAGWATI PRASAD SONI

JUDGEMENT

(1.) This Civil Misc. Appeal has been filed by the appellant- plaintiff (for short, 'the plaintiff') against the order dtd. 10/3/2022 passed by Addl. District Judge No.2, Sambhar Lake, District Jaipur, whereby the temporary injunction application filed by the plaintiff has been dismissed.

(2.) Facts of the case are that the plaintiff filed a suit against the respondents-defendants (for short, 'the defendants') for cancellation of the sale deed dtd. 30/5/2012, declaration and permanent injunction. He also filed an application for temporary injunction. The respondents-defendants (for short, 'the defendants') filed reply thereto. The trial court vide its order dtd. 10/3/2022 has dismissed the application for temporary injunction filed by the plaintiff. Hence, this appeal.

(3.) Learned counsel for the plaintiff submits that the order dtd. 10/3/2022 passed by the trial court is based on non consideration of the material documents. He further submits that from the affidavit and documents produced by the plaintiff, he was able to make out a strong prima-facie case for granting T.I. in his favour, but without considering the material available on record, the court below dismissed the temporary injunction application. He further submits that on the one hand, it has been observed by the trial court that the documents said to be forgedly prepared by the non applicant-defendant no.1, while keeping the plaintiff in fallacy, is a matter of evidence and on the other hand the temporary injunction application has been dismissed. Thus, contradictory observations have been made by the trial court. Therefore, the order dtd. 13/11/2018 passed by the court below is liable to be quashed and set-aside.