Bela M. Trivedi, J. - (1.) WITH the consent of the learned counsel for the parties, the matter is decided finally at admission stage. It is very unfortunate that the matter has remained pending at admission stage for a long five years without any substantive progress in the appeal.
(2.) THE present appeal is directed against the order dated 4.7.2008 passed by Additional District Judge No. 2, Jaipur city, Jaipur (hereinafter referred to as 'the trial court') in misc. application No. 4/2005 whereby the trial court has dismissed the application of the appellant -plaintiff filed under Order XXXIX Rule 1 & 2 CPC seeking temporary injunction. After having heard the learned counsel for the parties, it appears that the trial court has passed the impugned order, observing that the appellant -plaintiff and her sons had filed revenue proceedings before the Revenue Court in respect of the land in question and the appellant -plaintiff could obtain the relief from the said court. It is not disputed by the learned counsels for the parties that no copy of the record or of the order of revenue court was produced by either of the parties before the trial court, and that the trial court had passed the impugned order on the oral submissions made by the learned counsels for the parties. It cannot be gainsaid that the trial court could not pass the order in respect of the proceedings pending before the Revenue Court without such order being on record. Even otherwise, the impugned order passed by the trial court appears to be perfunctory and non -speaking inasmuch as it has not considered the merits of the case. Hence, the trial court is required to be directed to hear the application afresh in accordance with law, after giving both the parties an opportunity to produce the documents. Accordingly, the appeal is allowed. Impugned order dated 4.7.2008 passed by the trial court is set aside. The trial court is directed to decide the application of the appellant filed under Section XXXIX Rule (1) & (2) CPC on merits and in accordance with law after granting the opportunity to both the parties to produce the necessary documents.;