PURUSHOTTAM DEVI Vs. KETAN SHARMA

JUDGEMENT

(1.) The instant Civil Misc. Appeal has been filed by the defendant-appellant Smt. Purushottam Devi assailing the impugned order dtd. 25/2/2022 passed by the learned Additional District Judge No.7, Jodhpur Metropolitan in Civil Misc. Case No.16/2022 (N.C.V. No.215/2021) whereby the learned Court below allowed the application for temporary injunction filed by the respondents Nos.1 and 2 in a suit for declaration and permanent injunction.

(2.) The learned Court below after considering the rival submissions has recorded an affirmative finding that respondent- plaintiff has proved the existence of a prima facie case in his favour and further, he has been able to prove two other necessary ingredients required for grant of temporary injunction namely balance of convenience and irreparable loss. With this conclusion, the learned Court below has granted indulgence to the respondent-plaintiff and has passed the impugned order.

(3.) The learned Judge has merely narrated about those case laws and without considering its applicability has passed the order impugned which could not sustain in the eyes of law.