// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2896/2008 Ahmad Saied S/o Subrati Versus Nagar Vikas Nyas Kota through its Secretary Date of Order ::: 24.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Dharmendra Kumar Srivastava, Counsel for appellant #### By the Court:- Heard learned counsel for the appellant. Plaintiff-appellant filed a suit in the trial court, which was dismissed. Being aggrieved with the same, a regular appeal was preferred by him before the first appellate court wherein interim injunction order dated 8th August, 2006 was passed. Subsequently the appeal was fixed for final hearing. The case remained pending till 24th April, 2008 and on that date, instead of arguing the appeal, the learned counsel for the appellant moved an application for adjournment. The trial court, while adjourning the case for 15.05.2008 and exercising its powers under Rule 4 of Order 39 CPC, vacated the interim injunction order dated 8th August, 2006. Being aggrieved with the same, // 2 // this miscellaneous appeal has been preferred. It is relevant to mention that the appeal was fixed for arguments on 15th May, 2008 but, as contended by the learned counsel for the appellant, the appeal was not argued on that date also and now he says that the appeal is fixed for hearing in August, 2008. I have considered the submissions of learned counsel for the appellant and also the impugned order dated 24th April, 2008 and, after considering the same, I find that the appellate court was fully justified in vacating the interim injunction order passed by it particularly when the appellate court was of the view that the appeal is not being argued by the counsel for the appellant and he is enjoying the interim injunction order passed in his favour. I do not find any illegality or perversity in the said order so as to interfere with the same. There is no merit in this miscellaneous appeal and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Appl. No.1732/2008 In S.B. Civil Misc. Appeal No.2896/2008 Ahmad Saied S/o Subrati Versus Nagar Vikas Nyas Kota through its Secretary Date of Order ::: 24.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Dharmendra Kumar Srivastava, Counsel for appellant #### By the Court:- Consequent upon dismissal of the appeal itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//