MUKESH KUMAR SWAMI Vs. PRAHLAD SHARMA & OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 27th October, 2009 passed by District Judge, Jaipur District, Jaipur, whereby he allowed the appeal filed by the appellants-defendants no. 4 and 5 and set-aside the order dated 11.12.2008 passed by Civil Judge (Jr. Division) First Class, Sanganer, District Jaipur allowing the application filed under Order 39 Rule 1 and 2 of CPC filed by plaintiff-petitioner and directing the appellants-defendants not to dispossess the plaintiff-petitioner from the disputed property situated at Plot No. 30/179, Pratap Nagar, Sanganer without due process of law till the disposal of the suit and further not to create hurdle in the use thereof.

(2.) Learned counsel for the petitioner, albeit has filed the instant writ petition challenging the aforesaid order dated 27th October, 2009, but restricted his prayer that he should not be evicted from the property in question without due process of law.

(3.) The prayer made by the learned counsel for the petitioner seems to be genuine. Hence, the order dated 27th October, 2009 passed by the District Judge, Jaipur District, Jaipur is set-aside and the appellants-defendants are directed not to dispossess the petitioner from the property in question without due process of law.