RAMPHOOL Vs. THE MUNICIPAL BOARD & OTHERS

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set aside the order dated 5.2.2011 and 26.8.2009 passed by Additional District Judge No.2, Bundi and Civil Judge (Jr. Division), Nainwa, District Bundi respectively.

(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 - petitioner filed a suit along -with an application for temporary injunction against the defendants -petitioners. The learned trial court, having analyzed the matter in detail, did not find the prima -facie case, balance of convenience and irreparable loss in favour of plaintiff -petitioner and resultantly dismissed the application for temporary injunction vide order dated 26.8.2009. Aggrieved with the order dated 26.8.2009, the plaintiff -petitioner preferred an appeal before the Additional District Judge No.2, Bundi. The learned appellate court, vide its order dated 5.2.2011, dismissed the appeal of the plaintiff petitioner and affirmed the order of the trial court. Hence, this writ petition.

(3.) THE learned trial court while dismissing the application for temporary injunction, observed that there was no proof that the plaintiff -petitioner was having possession over the disputed land. The learned Appellate Court, having discussed the entire evidence ad -longum, dismissed the appeal of the plaintiff -petitioner and affirmed the order of the trial court. There has been a concurrent finding of fact of both the courts below.