RUKMANI DEVI CHAUDHARY Vs. SHIVDAYAL JANGID

JUDGEMENT

(1.) BY way of present petition filed under Article 227 of the Constitution of India, the petitioner-original plaintiff has challenged the order dated 1.6.2012 passed by the Addl. District and Sessions Judge No.3,Jaipur Metropolitan Jaipur (hereinafter referred as the "appellate court") in Civil Misc. Appeal No.36 of 2012, whereby the appellate court has confirmed the order dated 11.5.2012 passed by the Addl. Civil Judge (J.D.) No.4, Jaipur Metropolitan, Jaipur (hereinafter referred as the "trial court"), in Civil Misc. Application No. 572 of 2011.

(2.) THE short facts giving rise to the present petition are that the petitioner-plaintiff has filed suit seeking permanent injunction against the respondents No. 1 to 3 (original defendants) restraining them from raising construction on the land in question. As per the case of the petitioner, the petitioner had purchased plot No.28 on 11.12.1979 from Mitra Grah Nirman Sahkari Samiti Ltd., Jaipur and after undergoing all formalities, the Patta along with site plan was issued in favour of the petitioner. The petitioner thereafter constructed his house on the said plot. There was an open space on the eastern side of the said plot which was being used as public road and the respondents No.1 to 3 making illegal encroachment on the said road wanted to put up construction. The petitioner therefore filed the suit and also filed an application for temporary injunction under Order 39 Rules 1 and 2 of CPC. The said application was resisted by the respondents No.1 to 3 by filing reply denying the allegations and averments made in the application and further contending interalia that the respondent No.1 had purchased the said land in question in the year 1980 and JDA had allotted him the Patta in respect of the said land. The trial court vide order dated 11.5.2012 dismissed the application of the petitioner for temporary injunction, against which an appeal being No.36 of 2012 was preferred before the appellate court. The appellate court dismissed the said appeal vide the impugned order dated 1.6.2012 by holding interalia that the petitioner-appellant had failed to prove prima facie case in his favour. Being aggrieved of the said orders, the petitioner has preferred the present petition under Article 227 of the Constitution of India.