- (1.) BOTH the these civil misc. appeals are being disposed of by this common order.
(2.) THE appellant/plaintiff, Chhanwar Singh S/o Mangala Ram @ Mangal Singh, has preferred the Civil Misc. Appeal No.1992/2012, assailing the impugned order dated 13.09.2012 passed by learned Additional District and Sessions Judge No.2, Jodhpur Metropolitan in Civil Misc. Case No.36/2009 - Chhanwar Singh S/o Mangala Ram @ Mangal Singh Vs. Gyan Singh S/o Mangala Ram @ Mangal Singh and Ors., whereby the application filed by the appellant/plaintiff for temporary injunction under Order 39 Rule 1 and 2 CPC, has been rejected.
(3.) A coordinate bench of this Court after hearing the counsel for both the parties on 26.09.2012 passed the following interim order in the said CMA No.1992/2012: "Issue notice to the respondents No.1 and 2. Rule is made returnable within a period of four weeks. Meanwhile, the parties are directed to maintain status quo with regard to land situated in Village Pnjala, District: Jodhpur in Khasra No.299/1 ad measuring 3 bigha, 1 biswa, Khasra No.304 ad measuring 8 bigha, 9 biswa, Khasra No.299 ad measuring 3 bigha, and Khasra No.305/1 ad measuring 7 bigha, 10 biswa as of today i.e. 26.9.2012 for a period of six weeks. List this cae after completion of 4th week." The connected Civil Misc. Appeal No.2862/2013 -Roop Singh @ Roopa Ram S/o Kripa Ram @ Kripu Vs. Chhawar Singh S/o Magala Ram @ Mangal Singh, has been filed by Roop Singh @ Roopa Ram, being aggrieved by the later order dated 31.10.2012 passed by the same learned trial court of A.D.J. No.2, Jodhpur Metropolitan, in Civil Misc. Case No.24/2012, by which application filed by the applicant, Roopa Ram, under Order 39 Rule 1 and 2 read with Section 151 CPC was also rejected. The said rejection of the temporary injunction application by the learned trial court was done mainly for the reason that in the aforesaid connected appeal (CMA No.1992/12), the aforesaid interim order was passed by a coordinate bench of this Court on 26.09.2012. The said reasons given by the learned trial court in the order dated 31.10.2012 are quoted herein below: image 1 In Kashi Math Sansthan Vs. Shrimad Sudhindra Thirtha Swmay, 2010 AIR(SC) 296 it has been held that question of considering balance of convenience or irreparable loss and injury to the party does not arise if party fails to prove prima case. image 2;