HEERALAL SINDHI Vs. PUSHPA DEVI

JUDGEMENT

(1.) MR . Heeralal Sindhi, the petitioner, is present before this Court as the learned members of the Bar are abstaining from work today. The petitioner has challenged the orders dt. 9.10.2013 passed by Addl. Civil Judge (Jr. Div.) No. 4, Jaipur Metropolitan, Jaipur, whereby the learned Magistrate has dismissed his Temporary Injunction application under Order 39, Rules 1 and 2 CPC. He has also challenged the order dt. 17.12.2013 passed by Addl. District Judge No. 14, Jaipur Metropolitan, Jaipur, whereby the learned judge has confirmed the order dt. 9.10.2013, and rejected the appeal filed by the petitioner.

(2.) MR . Heeralal Sindhi has vehemently contended that there is in fact a lane between his house and the house of Smt. Pushpa Devi, respondent No. 1. Since Smt. Pushpa Devi is preventing him from using the lane, therefore, he had filed the civil suit for permanent and mandatory injunction. However, without comprehending the factual situation, the learned Magistrate has dismissed the Temporary Injunction application. Therefore, the order dt. 9.10.2013 needs to be interfered with. Secondly, that the learned judge has not given any cogent reason for upholding the order dt. 9.10.2013. Therefore, the impugned order dt. 17.12.2013 deserves to be set aside.

(3.) HEARD the parties in person, and perused the impugned orders.