1 S.B.CIVIL MISC. APPEAL NO.735/1998. Smt.Mobina & Anr. VS Smt.Anand Kanwar & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.735/1998. Smt.Mobina and Another. VERSUS Smt.Anand Kanwar and Others. 07.07.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.G.K.Garg ] Ms.Neelam Pareek ] for the appellants. Ms.Lalima Purohit on behalf of Mr.R.S.Bhati, for the respondents. ***** This appeal has been preferred by the defendants against the order dated 01.05.1998 passed by the learned Additional District Judge No.2, Jaipur City, Jaipur allowing the application of the plaintiff- respondent filed under Order 39 Rule 2A C.P.C. and holding the appellants guilty of having committed the breach of the order of temporary injunction dated 16.03.1996 passed by the learned trial court. During the course of hearing, it was revealed that the suit filed by the plaintiff-respondent against the defendants itself has been dismissed by the learned trial court. Learned counsel for the respondent submits that against the judgment and decree of dismissal, the plaintiff has preferred a regular first appeal which is pending disposal before this court. 2 S.B.CIVIL MISC. APPEAL NO.735/1998. Smt.Mobina & Anr. VS Smt.Anand Kanwar & Ors. I am of the view that in view of the fact that the suit filed by the respondent-plaintiff in which the order of temporary injunction dated 16.03.1996 had been passed in favour of the respondent-plaintiff itself having been dismissed, this court would be inclined to set aside the order of punishment passed against the appellants though the findings which have been given with regard to the alleged breach of the order of injunction are not being looked into on merits. In the facts and circumstances of the present case, I am of the view that in case the appeal filed by the respondent-plaintiff is allowed, the appellants- defendants would be under an obligation to restore the status quo ante. Subject to the above, the appeal stands disposed of. The order of punishment passed by the learned court below stands set aside. (DALIP SINGH),J. Solanki DS, Jr.P.A.