GANPAT SINGH & ANR. Vs. TEJ SINGH & ORS.
LAWS(RAJ)-2016-4-142
HIGH COURT OF RAJASTHAN
Decided on April 18,2016

Ganpat Singh And Anr. Appellant
VERSUS
Tej Singh And Ors. Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) This petition is directed against order dated 5.2.16, passed by the Additional District Judge No.2, Jodhpur Metropolitan, whereby an appeal preferred by the petitioners against the order dated 23.7.10, passed by the Civil Judge(J.D.) No.1, Jodhpur Metropolitan, rejecting an application preferred under Order 39, Rule 1 & 2 of the Civil Procedure Code,1908 ( "CPC ") , stands dismissed.
(2.) The petitioners filed a suit for permanent and mandatory injunction against the respondents accompanied by an application for temporary injunction under Order 39, Rule 1 & 2 read with Section 151 CPC. The application was contested by the respondents by filing a reply thereto.
(3.) After due consideration of the rival submissions, the trial court found that prima facie case and balance of convenience is not in favour of the petitioners and accordingly, the application seeking temporary injunction was dismissed. The Appellate Court has declined to interfere with the order passed by the trial court. Hence, this petition.;


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