JAYRAM Vs. JANKI DEVI

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 16/9/2023 passed by the Additional District Judge, Makrana, District Nagaur in Civil Misc. Case No.53/2023 (CIS No.53/2023) whereby appellant defendant Jayram has been restrained from interfering with the mining activities as conducted by the respondent plaintiff.

(2.) Vide interim order dtd. 12/10/2023 as passed by this Court, the effect and operation of the order dtd. 16/9/2023 was stayed.

(3.) Learned counsel for the respondent submits that vide interim order dtd. 12/10/2023, the effect and operation of the order dtd. 16/9/2023 was stayed but because of the said order, the Court below is not proceeding deeming the said interim order to be an order staying the further proceedings. Learned counsel submits that the present appeal be disposed of while making the interim order dtd. 12/10/2023 absolute and the Court below be directed to proceed with the further proceedings and to decide the application under Order 39 Rules 1 and 2, CPC.