STATE OF RAJASTHAN & OTHERS Vs. MOHAN LAL

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 5.5.2011 passed by Civil Judge (Jr. Div.), Bharatpur, whereby the learned Magistrate has granted a temporary injunction in favour of the respondent. The petitioners are also aggrieved by the judgment dated 19.9.2011 passed by Addl. District Judge No.1, Bharatpur, whereby the learned Judge has upheld the order dated 5.5.2011 and has dismissed the appeal filed by the petitioners.

(2.) The brief facts of the case are that the respondent-plaintiff filed a suit for permanent injunction and declaration against the petitioner-defendants, in respect of his plot situated in Village Bansikhurd, Tehsil and District Bharatpur. Along with the suit he also filed an application under Order 39, Rules 1 and 2 CPC read with Section 151 CPC, against the petitioners. He claimed in the application that he was in possession of the plot in dispute which is an abadi land. He also claimed that the Settlement Department had wrongly shown the plot to be a charagah land. The plaintiff and other villagers had objected to the action of the petitioners when they came to know that their abadi land had been changed into charagah land. Since the land in dispute was illegally allotted to the 7th Battalion RAC, the 7th Battalion was disturbing the respondent-plaintiff's peaceful possession. Hence the suit.

(3.) In reply to the temporary injunction application the petitioner-defendants pleaded that by order dated 15.9.2008 the State Government had allotted the land to them for construction of Headquarters of 7th Battalion RAC, and for construction of residential quarters for its officials. After hearing both the parties, by order dated 5.5.2011 the learned Magistrate allowed the application filed under Order 39, Rules 1 and 2 CPC read with Section 151 CPC. Since the petitioners were aggrieved by the order dated 5.5.2011, they challenged the same before the learned District Judge, Bharatpur. But, by order dated 19.9.2011 the learned Judge dismissed the appeal. Hence, this petition before this Court.