DHARAM NARIYAN Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India challenging the order dated 17.5.2011 passed by the Civil Judge(J.D.) Pushkar, Ajmer (hereinafter referred to as the 'Trial Court') in CM No.26/11 (CS No.27/11), whereby the Trial Court declined to grant ad interim relief as prayed for by the petitioners-plaintiffs.

(2.) Heard learned counsel for the parties.

(3.) It appears that the present petitioners have filed the suit in the representative capacity against the present respondents (original-defendants) seeking permanent injunction. The petitioners also filed an application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure seeking temporary injunction against the respondents-defendants. Pending the said application for temporary injunction, the petitioners insisted for grant of ad interim relief, however, the Trial Court vide its order dated 17.5.2011 declined to grant the same and directed the respondents-defendants to file the reply to the said application. Being aggrieved by the said order, the petitioners have preferred the present petition.