PRABHATI DEVI & OTHERS Vs. MURLIDHAR & OTHERS

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners have beseeched to quash and set -aside the order dated 23.9.2011 passed by Additional District Judge (Fast Track) No.2, Sikar Headquarter Sri Madhopur.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned orders, it is noticed that the plaintiff respondent filed a suit for perpetual injunction along -with an application for temporary injunction against the defendants petitioners. The learned trial court, having analyzed the matter in detail, found the prima facie case, balance of convenience and irreparable loss in favour of plaintiff respondent and resultantly allowed the application for temporary injunction vide order dated 27.5.2010. Aggrieved with the order dated 27.5.2010, the defendants -petitioners preferred an appeal before the Additional District Judge (Fast Track) No.2, Sikar Headquarter Sri Madhopur. The learned appellate court, vide its order dated 23.9.2011, dismissed the appeal of the defendants -petitioners and affirmed the order of the trial court. Hence, this writ petition.

(3.) THE learned trial court while allowing the application for temporary injunction, observed that the plaintiff -respondent was using the disputed way in order to go to his fields situated in khasra nos. 457 and 458. The learned Appellate Court, having discussed the entire evidence ad -longum, dismissed the appeal of the defendants -petitioners and affirmed the order of the trial court. There has been a concurrent finding of fact of both the courts below.