STATE OF RAJASTHAN Vs. MITHALAL

JUDGEMENT

(1.) By way of the instant writ petition, the petitioners have beseeched to quash and set-aside the orders dated 27th April, 2011 as also 5th November, 2007 passed by the Additional District Judge (Fast Track) No.1, Karauli and Civil Judge (Jr. Division), Karauli respectively.

(2.) Shorn of unnecessary details, the facts of the case, in nub, are that the respondent-plaintiff filed a civil suit for permanent injunction against the defendants-petitioners together with an application of temporary injunction under Order 39 Rule 1 and 2 CPC in the court of Civil Judge (Jr. Division), Karauli. During the pendency of suit, the trial court found a prima-faice case, balance of convenience and irreparable loss in faovur of the respondent-plaintiff and granted injunction in favour of the respondent-plaintiff directing the petitioners defendants not to dispossess the plaintiff without observing due process of law. It was also directed that if the respondent-plaintiff did not comply with the conditions of lease deed, the petitioners-defendants were at liberty to act in accordance with law. Aggrieved with this order, the petitioners-defendants preferred an appeal and the learned Additional District Judge (Fast Track) No.1, Karauli dismissed the appeal and affirmed the order dated 5th November, 2007 passed by the trial court. Thus, there has been a concurrent finding of two courts below.

(3.) Heard learned counsel for the parties and carefully perused the relevant material on record including the impugned orders.