Rajasthan High Court
CW/13394/2025 of GIRDHAR JHANWAR S/O SHRI GOPAL LAL JHANWAR Vs DINESH JHANWAR S/O SHRI GOPAL LAL JHANWAR on 13 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13394/2025 CNR: RJHC020728522025 | URN: CW / 30179U / 2025 Girdhar Jhanwar S/o Shri Gopal Lal Jhanwar, R/o House No. 1327, Baba Harishchand Marg, Chandpole Bazar, Jaipur And Flat No. 403, House No. D-38, Sdc Ashok Millborn,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13394/2025
CNR: RJHC020728522025 | URN: CW / 30179U / 2025
Girdhar Jhanwar S/o Shri Gopal Lal Jhanwar, R/o House No.
1327, Baba Harishchand Marg, Chandpole Bazar, Jaipur And Flat No. 403, House No. D-38, Sdc Ashok Millborn, Subhash Marg, Ahinsa Circle, C-Scheme, Jaipur (Rajasthan)
----Petitioner
Versus
Dinesh Jhanwar S/o Shri Gopal Lal Jhanwar, R/o House No.
1327, Baba Harishchand Marg, Chandople Bazar, Jaipur (Rajasthan) And Flat No. 203, Subh-Labh Appartment, Subhash Marg, Ahinsa Circle, C-Scheme, Jaipur.
----Respondent
For Petitioner(s)
:
Mr. Prayag Jain for
Mr. Manak Chand Jain
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
13/08/2026
1. Petitioner is defendant and has invoked jurisdiction of High Court under Article 227 of the Constitution of India against grant of ad-interim injunction by the Additional Civil Judge & Judicial Magistrate No. 2, Jaipur Metropolitan-II in the application for temporary injunction filed by respondent-plaintiff vide order dated 04.06.2025 which has been affirmed by the Appellate Court vide order dated 03.07.2025.
2. Learned trial Court so also the Appellate Court in the orders impugned dated 04.06.2025 and 03.07.2025 respectively have relied upon the documents of sale deed and a compromise arrived
(2 of 3) [CW-13394/2025] at between the predecessors of the parties and has observed that the property in question, wherein the petitioner-defendant has started demolition and construction, is the property of common use. Indisputably, the property was ancestral. Thus, petitioner- defendant has been restrained by way of ad-interim injunction to maintain status quo in respect of the suit property bearing No. 1327, Baba Harishchand Marg, Chandpole Bazar, Jaipur.
3. Admittedly, the application for temporary injunction is yet to be decided finally.
4. Appellate Court in its order dated 03.07.2025 has already issued directions to hear and decide the application for temporary injunction expeditiously, after filing of reply by the defendant.
5. Counsel for petitioner-defendant pointed out that reply to the application for temporary injunction has been filed.
6. In that view, trial Court may proceed to decide the application for temporary injunction finally on its own merits, in furtherance to the directions/observations made by Appellate Court in the order dated 03.07.2025.
7. This Court in exercise of its jurisdiction under Article 227 of the Constitution of India, does not find it just and proper to grant any indulgence, in the order of ad-interim injunction, as same may adversely affect the rights of either parties before the trial Court. Hence, instant writ petition is hereby disposed of with observation that the trial Court shall decide the application for temporary injunction on its own merits, without being influenced by passing of ad-interim injunction order, impugned herein or by not granting any interference by this court.
8. Accordingly, this writ petition stands disposed of.
(3 of 3) [CW-13394/2025]
9. Stay application and all pending applications, if any, also stand disposed of. (SUDESH BANSAL),J 8/RACHNA