KAUSHALYA DEVI Vs. GOVIND SAHAY SHARMA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioner/defendant no.2 assailing the legality and validity of the order dtd. 10/1/2022 passed by the learned Additional District Judge No. 6, Jaipur Metropolitan-I dismissing the Civil Miscellaneous Appeal No. 54/2012 filed by the petitioner against the order dtd. 1/9/2012 passed by the learned Civil Judge (Junior Division) (East), Jaipur Metropolitan-I in Civil Miscellaneous Case No. 120/2009 whereby the temporary injunction application filed by the respondent no.1/plaintiff was allowed.

(2.) The facts in brief are that the respondent no.1 filed a suit for declaration and permanent injunction against the petitioner and respondents no.2 to 9 with regard to plot no.67 measuring 200 sq. yards. The temporary injunction application filed by him alongwith suit was allowed by the learned trial Court vide its order dtd. 1/9/2012 whereby the defendants no.1 to 3 were restrained from interfering with use and occupation of plot in question by the plaintiff and not to raise construction of any road on the plot in question. This order was unsuccessfully challenged by the petitioner by way of a civil miscellaneous appeal which came to be dismissed by the learned Appellate Court vide its order dtd. 10/1/2022.

(3.) Heard. Considered.