BHANWARALAL BUGALIA Vs. SHANKARLAL

JUDGEMENT

(1.) The present civil misc. appeal has been preferred by the defendant-appellant under Order 43 Rule 1(r) of CPC read with Sec. 151 of CPC against the order dtd. 21/2/2024 passed by the learned Additional District Judge, Makrana, District Nagaur in civil misc. case No. 04/2024 (CIS No.04/2024) whereby the learned Additional District Judge has allowed the application filed by the plaintiff-respondents under Order 39 Rr. 1 & 2 read with Sec. 151 of CPC and has directed the parties to maintain status quo regarding the land in dispute.

(2.) The facts in brief necessary for adjudication of the present civil misc. appeal are that the plaintiff-respondents filed a suit for injunction against the defendant-appellant alongwith an application under Order 39 Rr. 1 and 2 read with Sec. 151 C.P.C. before the learned court below. As per the plaintiffrespondents, one Smt. Rukma Devi W/o Ram Sukh Brahmin was having land ad-measuring 3441 sq. yards in her name. Out of the said piece of land, for a piece of land ad-measuring 1023.66 sq yards, Smt. Rukma Devi, executed a sale deed in favour of Gram Panchayat, Kheri Shila on 11/9/1996, for the purpose of construction of a school. However, Gram Panchayat, Kheri Shila did not raise any construction of school on the said piece of land. Thereafter, in the year 2019, as per the provisions of Rajasthan Panchayati Raj Rules 1996 the Gram Panchayat, Kheri Shila issued pattas from the same land which was donated by Smt. Rukma Devi for construction of school, i.e. Plot Nos.39, 40 and 41, in the name of Smt. Raju Devi W/o plaintiff-respondents- Shankar Lal. All the three pattas issued against Plot Nos.39, 40 and 41 were registered in the office of Sub-Registrar, Gachhipura on 27/10/2020.

(3.) The plot so purchased by the defendant-appellant is situated on the western side ad-measuring 74 ft. of the above mentioned plots. In the suit for injunction filed by the plaintiff-respondents, it was averred that the defendant-appellant wanted to/has encroached over their residential plots and has threatened them to give up their possession of the aforementioned plots.