BAFATI Vs. JABBAR & ORS

JUDGEMENT

(1.) The petitioner/defendant, in the instant writ application under Article 226 and 227 of the Constitution of India, has assailed the legality, validity and correctness of the order dated 23rd of April, 2012 passed by the Appellate Court in an appeal against the order dated 6th of May, 2010 passed by the learned Trial Court; granting temporary injunction on an application under Order 39 Rule 1 and 2 of the Civil Procedure Code (hereinafter referred to as 'CPC', for short), to maintain status-quo while leaving it open for the Municipal Council, Jaipur to act according to the law, if need be.

(2.) Briefly, the material facts and particulars essential for adjudication of the controversy raised in the writ application are : That the respondents/plaintiffs instituted a suit along with an application for temporary injunction detailing out the suit property purchased through a sale deed dated 9th of January, 2007. On the West-North side, the government land is situated, which has been encroached upon by the petitioner/defendant, who was intending to raise illegal construction over the same.

(3.) The learned Trial Court taking into consideration the pleaded facts of the parties and the documentary evidence placed on record, considered the application for grant of temporary injunction on the guiding factors i.e., prima facie case, irreparable loss and balance of convenience.