KANHAIYALAL Vs. SHIV LAL

JUDGEMENT

(1.) This writ petition has been filed by the petitioners aggrievedagainst order dated 02.04.2019 passed by Senior Civil Judge,Bheem, District Rajsamand, whereby, the application filed by therespondent-plaintiff under Order VI, Rule 17 CPC has beenallowed.

(2.) The plaintiffs filed a suit for permanent injunction, inter alia,with the submissions that the shop in question was being used byplaintiffs, which was taken on rent in the year 2001. It wasalleged that the respondent was attempting to evict thepetitioners without due process of law and for the said purpose,they entered the shop on 26.02.2017 and took away the goods of the plaintiffs and started demolition in the shop, regarding which,FIR was lodged, which is being investigated by the police. Basedon the said submissions injunction was sought.

(3.) A written statement was filed, inter alia, claiming that theshop was not let out to the plaintiffs and there was consequentlyno question of evicting them from the shop in question.Inadditional pleas it was, inter alia, indicated that the shop inquestion now does not exist.