NEW COLONY CHARITABLE SOCIETY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed with the following prayers:-

(2.) ON service of notice of writ petition, the respondents No.5&6 have filed reply to the writ petition. It has been pointed out in the reply that two members of the petitioner society one Suresh Narain Mathur and another Pradeep Mathur had filed a suit No.134/2011 before the Civil Judge (Junior Division) North Ajmer alongwith an application for temporary injunction under Order 39 Rule 1 and 2 CPC praying therein that the defendants, respondents No.5&6 herein, be restrained from raising construction over their plot contrary to the construction plans approved by the Municipal Corporation Ajmer, and more particularly, that the defendants (respondents No.5 and 6 herein) be restrained from raising any construction on the eastern and western set backs of the plot contrary to law. It has been submitted that vide order dated 30-9-2011 the court of Civil Judge Ajmer had recorded the undertaking of the defendants in the suit (respondents No.5&6 herein) that they would make construction over the plot strictly in accordance with the approved construction plans.

(3.) I therefore find no force in the writ petition, and the same is dismissed. Stay application also stands dismissed.