JAGDISH PRASAD VAISHNAV Vs. MUNICIPAL COUNCIL AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India is directed against order dt. 17.10.2014 passed by Civil Judge (Junior Division), Nagaur and appellate order dt. 19.09.2014 passed by Additional District Judge, Nagaur, whereby, the application filed by the petitioner under Order XXXIX, Rule 1 and 2 CPC was dismissed and appeal filed by him was also dismissed respectively. The petitioner -plaintiff filed a suit for permanent injunction against Municipal Board, Nagaur and Sub Divisional Officer, Nagaur based on the averments that he was Pujari of Sanwlaji temple and was in possession of the suit property, which forms part of the Patta said to have been issued to the said temple; it was claimed that the suit land was part of the temple and the defendants were seeking to disturb his possession and/or demolish the construction and, therefore, they may be restrained from doing so; alongwith the suit, an application under Order XXXIX, Rule 1 and 2 CPC was filed.

(2.) THE application was opposed by the defendants, inter alia, indicating that the suit property vest in the Municipal Board and, as per the survey report, the plaintiff was trespasser on the land ad measuring 1215.39 sq. yards, regarding which, steps were being taken for his dispossession and the plaintiff in the garb of temple was seeking to mislead the Court; the map which was sought to be relied on also indicates government land on three sides and, therefore, the plaintiff was not entitled to any injunction.

(3.) FEELING aggrieved, the petitioner filed an appeal.