SULEMAN KHA Vs. MUNICIPAL COUNCIL, NAGAUR AND ANOTHER

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India is directed against order dated 31.10.2014 passed by Civil Judge, Nagaur District, Nagaur and order dated 21.11.2014 passed by Additional District Judge, Nagaur, whereby, the application filed by the petitioner under Order 39, Rule 1 and 2 Code of Civil Procedure and the appeal arising therefrom have been rejected respectively.

(2.) The petitioner filed a suit for permanent injunction against the respondents regarding land ad measuring 2 Bigha 12 Biswa comprised in Khasra No. 297 situated within revenue area of Nagaur; it was claimed that the petitioner was in possession of the land in dispute from the time of his father and ancestors and, as the petitioner was illiterate, the possession was not recorded in the revenue records; in the Khasra Parivartansheel for Samvat 2050 i.e. 1993-1994 petitioner's possession is recorded; it was alleged that on 24.03.2014 the employees of the respondents came to site and started digging foundation and demolish the pillars; it was prayed that the respondents be restrained from interfering in petitioner's possession.

(3.) Alongwith the suit an application under Order 39, Rule 1 and 2 Code of Civil Procedure was filed seeking temporary injunction.