The Rajasthan High Court has declined to examine the merits of an appeal challenging the refusal of ad interim relief in a civil dispute, observing that the trial court must first independently decide the pending application for temporary injunction. While disposing of the appeal, the Court directed the trial court to decide the injunction application by 20 July 2026 and ordered both parties to maintain status quo over the disputed property until then.
Background of the Case
The appeal was filed by M/s Shyam and Shyam Oil Mills Private Limited against an order dated 29 May 2026 passed by the District Judge, Jodhpur Metropolitan, in Civil Case No. 248/2026. The appellant challenged the refusal to grant ad interim protection while its application for temporary injunction remained pending before the trial court.
Justice Farjand Ali observed that discussing the factual or legal issues in detail at the appellate stage could prejudice the trial court, which is yet to decide the injunction application.
The bench observed,
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“Any elaborate discussion on the factual or legal controversy at this interlocutory stage may inadvertently influence the learned trial Court.”
The Court noted that questions relating to the existence of a prima facie case, balance of convenience, and irreparable injury are central to deciding a temporary injunction and should first be assessed by the court of first instance.
It also explained that an ad interim injunction is meant only as a short-term protective measure. Once pleadings and supporting material are on record, the focus should ordinarily shift to deciding the substantive injunction application instead of spending considerable judicial time on interim requests.
The bench further remarked that, as a matter of prudence, temporary injunction applications should preferably be decided within about 30 days after becoming ready for consideration.
Without expressing any opinion on the merits of the dispute, the High Court disposed of the appeal and directed the trial court to decide the pending temporary injunction application on or before 20 July 2026, after independently evaluating the pleadings, affidavits and material on record.
The Court further ordered that both parties shall maintain status quo regarding the suit property until 20 July 2026, and that no third-party interest shall be created during this period. The application seeking permission to produce additional evidence under Order XLI Rule 27 CPC was also disposed of, while leaving it open to the appellant to move an appropriate application before the trial court in accordance with law.
Case Details:
Case Title: M/s Shyam and Shyam Oil Mills Private Limited v. Gnet Impex Private Limited & Anr.
Case Number: S.B. Civil Miscellaneous Appeal No. 2028/2026
Judge: Justice Farjand Ali
Decision Date: 29 June 2026
