Rajasthan High Court
CW/20359/2023 of MUKESH KUMAR S/O NATHULAL, Vs ALADEEN S/O GAFFAR KHAN, on 5 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20359/2023 CNR: RJHC021046132023 | URN: CW / 39774U / 2023 Mukesh Kumar S/o Nathulal, Aged About 39 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.) ----Petitioner Versus 1 Aladeen S/o Gaffar Khan, Aged About 52
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 20359/2023
CNR: RJHC021046132023 | URN: CW / 39774U / 2023
Mukesh Kumar S/o Nathulal, Aged About 39 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.)
----Petitioner
Versus
Aladeen S/o Gaffar Khan, Aged About 52 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.)
Abid S/o Aladeen, Aged About 33 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.)
Akhtar S/o Aladeen, Aged About 30 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.)
Javed S/o Aladeen, Aged About 25 Years, R/o Panwad, Tehsil Khanpur, District Jhalawar (Raj.)
----Respondents
For Petitioner(s)
:
Mr. Martand Pratap Singh
Ms. Nidhi Suwalka
For Respondent(s)
:
Mr. Anubodh Subodh Jain
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
05/08/2026
1. Petitioner is plaintiff and aggrieved by setting aside the order of temporary injunction dated 05.09.2023 by the Appellate Court vide judgment dated 18.10.2023, hence, thereagainst instant writ petition under Article 227 of the Constitution of India has been filed.
2. Heard counsel for both parties and perused the record.
3. Petitioner has filed a civil suit for prohibitory and mandatory injunction, asserting his ownership and possession over the plot in question measuring 65 by 35 feet, situated in Village Panwad,
(2 of 4) [CW-20359/2023] Tehsil Khanpur, District Jhalawar (details of which are mentioned in para No.1 of the plaint). Petitioner has relied upon an agreement to sell dated 03.05.1991. Respondents denied the execution of agreement so also the ownership and possession of petitioner over the plot in question. Learned trial Court, with an observation that the issue of ownership and possession can be adjudicated in the suit, after recording evidence of parties, vide order dated 05.09.2023, directed respondents-defendants not to obstruct the use and occupation of plot in question by plaintiff. Respondents-defendants preferred Civil Miscellaneous Appeal No.08/2023 thereagainst. Appellate Court granted indulgence in the order of temporary injunction with observation that the injunction order is perverse as there is no cogent material on record to affirm the possession of petitioner over the plot in question. Finally, Appellate Court set aside the order of temporary injunction vide judgment dated 18.10.2023, hence thereagainst, petitioner has filed instant writ petition before this Court.
4. Submission of counsel for petitioner is that Appellate Court has virtually recorded a finding about non-maintainability of the suit and such findings would adversely affect the rights of petitioner-plaintiff which are yet to be adjudicated in the suit. His further submission is that indulgence granted by Appellate Court in the order of temporary injunction is unwarranted and at least the parties may be directed to maintain status quo in respect of the plot in question until adjudication of the civil suit.
5. Counsel for respondents-defendants have supported the judgment dated 18.10.2023, passed by Appellate Court.
(3 of 4) [CW-20359/2023]
6. Having gone through the judgment dated 18.10.2023, passed by Appellate Court, this Court is of the considered opinion that the Appellate Court has not acted beyond its appellate jurisdiction to grant indulgence in the order of temporary injunction. It is trite law that if the order of temporary injunction suffers from vice of arbitrariness, perversity or has been passed without any material on record, Appellate Court may grant indulgence. In the present case as well, Appellate Court has noted that the order of temporary injunction passed by trial Court was not based on any material. Neither any report of Court Commissioner, to show the present status of plot in question, was on record nor any other substantive material, to show the possession of petitioner over the plot in question, was on record. Petitioner has not established prima facie case to pass an order of status quo. Hence, in the opinion of this Court, Appellate Court has not committed any manifest illegality or jurisdictional error in setting aside the order of temporary injunction and to this extent, the impugned judgment dated 18.10.2023 does not warrant any interference by this Court in exercise of jurisdiction under Article 227 of the Constitution of India.
7. As far as grievance raised by counsel for petitioner, that the findings recorded by Appellate Court in the judgment dated 18.10.2023 may affect his case on merits is concerned, it is hereby suffice to observe that such findings have been passed while deciding the application for temporary injunction which do not affect the rights of either party to be adjudicated after recording the evidence of parties in the main suit. However, as an abundant precaution, it is hereby observed that the
(4 of 4) [CW-20359/2023] findings/observations made by Appellate Court in the judgment dated 18.10.2023 shall not affect merits of the civil suit and civil suit may be decided by the trial Court on its own merits as per the evidence adduced by the parties.
8. With the aforesaid observations but without interfering with the impugned judgment dated 18.10.2023, instant writ petition stands disposed of.
9. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J 98-S/RONAK JAIMAN