IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Writ Petition No.931 of 2010. Nemi Chand son of late Shri Banwari lal and Others VERSUS Gordhan son of Shri Shobha and Others Date of Judgment :::: 22nd January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. Ripu Daman Singh Naruka, Counsel for the Petitioners. *** By the Court :
Heard learned counsel for the plaintiff-petitioners. Perused the impugned order by which the objections filed by the petitioners to the report of the Commissioner, who carried out the site inspection have been rejected in the matter of the grant of temporary injunction by the learned trial Court.
Admittedly, no order of temporary injunction has been passed against the petitioners so far.
In the event, the learned trial Court passes any order of temporary injunction based upon the report of the Commissioner. The petitioner has a right of filing an appeal and challenging the order on the application for temporary injunction in appeal as well as to assail the report of the Commissioner.
This petition and the stay application are accordingly dismissed summarily subject to the aforesaid observations.
(Dalip Singh), J.
Ashok/