SUSHIL AGARWAL Vs. ANAND AGARWAL

JUDGEMENT

(1.) THIS intra -Court appeal is sought to be maintained against the order dt. 29.08.2013 as passed by a learned Single Judge of this Court in CWP No. 4044/2013. The said writ petition was filed seeking to question the order dt. 07.12.2012 as passed by the Addl. District Judge No. 5, Jodhpur Metropolitan, Jodhpur in Civil Misc. Appeal No. 13/2012, which was filed against the order dt. 05.07.2012, as passed by the Civil Judge (Jr. Div.), No. 2, Jodhpur Metropolitan, Jodhpur in Civil Misc. Case No. 203/2012. By the aforesaid order dt. 05.07.2012, the learned Civil Judge (Jr. Div.) No. 2, Jodhpur Metropolitan, Jodhpur declined the prayer made by the plaintiff -appellant for issuance of a temporary injunction pending the civil suit. The order so passed by the trial Court was maintained by the appellate Court in its order dt. 07.12.2012. The learned Single Judge has found no reason to interfere in the matter and hence, has dismissed the writ petition by the impugned order dt. 29.08.2013.

(2.) EVIDENT it is that this intra -Court appeal has been filed against the orders passed in the proceedings arising out of a pending civil suit wherein, the prayer for temporary injunction has been declined. Per the ratio of the decision of this Court in Sukh Dev vs. Prakash Chandra, : AIR 2010 Rajasthan 153, this intra -Court appeal is not maintainable and stands dismissed as such.