BANSHI LAL Vs. ILIYAS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court, by learned counsel of the petitioner, are that the petitioner instituted a suit for permanent & mandatory injunction and in regard to illegal construction, along with an application under Order 39 Rules 1 & 2 read with Sec. 151 CPC against the respondents before the learned Civil Judge, Phalodi, stating therein that the petitioner is having a land situated at Nagaur- Phalodi Main Road, Village Khichan, Tehsil Phalodi, patta no.4 wherefor was issued on 5/6/1996 by the Gram Panchayat Khichan.

(3.) Learned counsel for the petitioner submitted that the present case not only pertains to a dispute regarding possession, but the question of tittle is also involved herein, which can only be decided after due collection of the evidence. It was further submitted that the petitioner raised a serious question of law before the learned Courts below, but the learned Courts below declined to duly appreciate the same, vide the impugned orders, thus committed an error of law.