LAXMICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed by the plaintiffpetitioner challenging the order dt. 10th September, 2020, passed by the Additional District Judge, Kaman, District Bharatpur, whereby he has rejected the application filed by the petitioner under Section 151 CPC for grant of interim order during pendency of the miscellaneous appeal filed by the petitioner against the order dt. 20th August, 2020, whereby the temporary injunction application of the petitioner was dismissed by the Senior Civil Judge No. 1, Kaman.

(2.) Learned counsel for the petitioner Mr. Shiv Charan Gupta, submitted that the Appellate Court has passed non-speaking order and further, the Court has failed to consider that the petitioner is admittedly owner of the land bearing Khasra Nos.1210 and 1211 (old Khasra No.2743 and 2744) measuring in total 0.5 Hectares.

(3.) Learned counsel submitted that the respondents-defendant were within their right to construct in the land bearing Khasra No.1209 (Old Khasra No.2745) measuring 1.63 Hectares, however, without any proper demarcation of the land, the respondents started making construction in the land belonging to the petitioner.