BHERU Vs. CHHOGA

JUDGEMENT

(1.) THIS revision is directed against the order dated July 21, 1988 passed by the Additional District Judge, Chittorgarh, whereby he allowed the Plaintiffs' appeal against the order of the Munsiff date 9.3.87 whereby the learned Munsiff rejected the plaintiffs application under Order 39 1 and Rules 2 C.P.C.

(2.) THE dispute relates to the plaintiffs' right of way fields Nos. 31, 32,33,35,36, 37 and 39 to their field No. 11. The plaintiffs claim a right to this filed which they had purchased. The trial court found no prima facie case norany balance of convenience or irreparable injury in favour of the plaintiffs so the plaintiffs' application for grant of temporary injunction was rejected. However, the first appellate court found that there exists a prima -facie case in favour of the plaintiffs.

(3.) ACCORDINGLY , this revision petition is allowed, the order of the learned Additional District Judge dated July 21,1988 is set aside and the order of the learned Munsiff is restored and the plaintiff's application for grant of temporary injunction is dismissed.