MANGLA RAM Vs. RAMESHWAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners- defendants (hereinafter referred to as 'the defendants') against the order dated 23.5.2019 passed by the Appellate Court in Civil Misc. Appeal No. 461/2018, whereby the order dated 15.12.2018 passed by the Trial Court has been set-aside. Appeal filed by the respondents-plaintiffs (hereinafter referred to as 'the plaintiffs') has been partly allowed and by way of temporary injunction both the parties have been directed to maintain status-quo over the suit property till disposal of the original suit.

(2.) Brief facts giving rise to the present petition are that the plaintiffs filed a suit for declaration and permanent injunction against the defendants. Alongwith the suit, an application for temporary injunction was also filed. The defendants filed reply to the said T.I. Application. The Trial Court, vide its order dated 15.12.2018, did not find prima-facie, balance of convenience and irreparable loss in favour of the plaintiffs and dismissed the application for temporary injunction filed by the plaintiffs. Aggrieved thereby, the plaintiffs filed a Civil Misc. Appeal before the Appellate Court. The Appellate Court, vide its order dated 23.5.2019, set-aside the order dated 15.12.2018 passed by the Trial Court, partly allowing the appeal and by way of temporary injunction directed both the parties to maintain status-quo over the suit property till disposal of the original suit. Hence, this writ petition.

(3.) Learned counsel for the defendants submits that on the basis of consolidation proceedings, in Samwat 2019, the suit property, being Sivai Chak land, was recorded as Government land in the revenue record. Under Section 35 of the Rajasthan Holdings (Consolidation and Prevention of Fragmentation) Act, 1954, jurisdiction of the Civil Courts is barred in respect of consolidation proceedings. He further submits that the plaintiffs have no concerned whatsoever with the suit property. In Almoor Dhani Badwali, various houses have been constructed and the residents of Gram Panchayat, Bassi are using the Government's land for their thoroughfare. In this regard, residents of Gram Panchayat Bassi sent a proposal to the State Government through Rural Development and Panchayati Raj Department for construction of road. Accordingly a C.C. road was sanctioned, NITs were invited and work order was issued. The road was being constructed by the Gram Panchayat in public interest, for which financial, administrative and technical sanctions were issued. According to the Development Officer, Panchayat Samiti, Bassi, the plaintiffs made encroachment over the suit property by fencing the same. In this way, no prima-facie case, balance of convenience and irreparable loss was found to have been made out in favour of the plaintiffs. However, the learned Appellate Court has utterly failed to consider this aspect of the matter and on this count, the impugned order dated 23.5.2019 is liable to be quashed and set- aside.