Bela M. Trivedi, J. - (1.) THE present appeal arises out of the order dt. 7.5.13 passed by the Addl. District Judge No. 17, Jaipur Mahanagar, Jaipur (hereinafter referred to as 'the trial court') in Misc. Application No. 427/13 (60/13), whereby the trial Court has granted the ad interim injunction against the appellant -defendant No. 1. After hearing the learned counsels for the appellant -defendant No. 1 and the respondent No. 1 -plaintiff No. 1, it appears that the trial Court had initially granted ex -parte injunction in favour of the plaintiff against all the defendants and subsequently vacated the same qua the unserved defendants and continued the same qua the defendant No. 1, who is appellant herein. The learned counsel Mr. Rajendra Prasad alongwith the learned counsel Mr. G.D. Bansal states that the present respondent Nos. 2 to 5 who are the unserved defendants in the suit shall appear before the trial Court through their concerned lawyer and the application for temporary injunction be heard on merits by the trial Court after affording the opportunity of hearing to all the parties.
(2.) HAVING regard to the fact that the main application for temporary injunction has not been decided by the trial Court and that the impugned order was passed by the trial Court against the defendant No. 1 only, though the temporary injunction was sought by the plaintiff against all the defendants, it would be in the fitness of the things to direct the trial Court to decide the application for temporary injunction on merits after hearing all the learned counsels for the parties and that too in accordance with law. In that view of the matter, the impugned order passed by the trial Court deserves to be set aside, and is accordingly set aside without expressing any opinion on the merits of the case. The trial Court is directed to decide the temporary injunction application in accordance with law as early as possible, preferably within one month from the date of the receipt of the certified copy of this order. The appeal stands allowed accordingly.;