HEERARAM Vs. RAMARAM AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against order dated 22.3.14 passed by the Additional District Judge, Abu Road, whereby an appeal preferred by the petitioner against the order dated 13.11.13 passed by the Civil Judge(J.D.), Pindwara, rejecting the application preferred by the petitioner under Order 39, Rule 1 and 2 read with Section 151 CPC, seeking temporary injunction against the respondent-defendant no.1, stands dismissed.

(2.) The relevant facts are that the petitioner-plaintiff filed a suit for permanent and mandatory injunction against the respondents defendants in respect of the land forming part of a 'guwari', alleged to be in joint ownership and occupation of the plaintiff and the defendants. It was averred that on the portion of the aforesaid joint ownership land marked as F.G.H.I. in the site plan, the defendant no.1-Rama Ram proceeded to raise construction.

(3.) The injunction is sought in terms that the defendant no.1 may be restrained from raising the construction on the disputed land. That apart, mandatory injunction is sought for restoration of the position of the land as it was existing prior to defendant no.1 raising construction thereon.