SHIV RAJ MEENA Vs. RAM CHAND SHARMA

JUDGEMENT

(1.) THE present petition is directed against the order dated 31.5.08 passed by the Addl. District Judge No. 1, Jaipur City, Jaipur in Civil Misc. Appeal No. 2/08.

(2.) IT has been submitted by the learned counsel for the petitioner (original defendant) that the appeal before the appellate court was not maintainable as the order rejecting the application of the respondents-plaintiffs was passed by the trial court under Section 151 of CODE OF CIVIL PROCEDURE, 1908, against which no appeal could lie under Order XLIII Rule 1 of CODE OF CIVIL PROCEDURE, 1908. He further submitted that the petitioner had not made any encroachment on the disputed premises and no mandatory injunction could be granted by the appellate court against the petitioner. The learned counsel for the petitioner has relied upon the case of Gujarat High Court in case of Zakinabed Ors. Vs. Babubhai Alimohamad Kapadia Ors., AIR 1999, Gujarat, 118 in support of his submission.