SHIV NARAYAN Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) This misc. appeal has been filed by the appellant being aggrieved with the order dated 21.11.2013 passed by the Additional District Judge No.1, Bhilwara (hereinafter referred to as 'the trial court') whereby the application filed by the appellant under Order 39 Rule 1 and 2 read with Section 151 C.P.C. for granting temporary injunction against the non-petitioner has been dismissed.

(2.) The appellant preferred the said application for temporary injunction along with a suit filed before the trial court for granting decree of specific performance, declaration and permanent injunction under Order 7 Rule 1 and 2 C.P.C.

(3.) In the suit as well as the application for temporary injunction, the appellant claimed that he purchased a plot measuring 90'x120' on 16.3.1992 from the respondent Gram Panchayat in an open auction for Rs.1,00,000/-. It is claimed that after conclusion of the auction proceedings on 16.3.1992, the appellant deposited Rs.10,000/- and thereafter deposited Rs.90,000/- from time to time through various receipts in the Gram Panchayat, but no patta was issued to him. It is further averred in the suit and the application for temporary injunction that a notice was sent to the Gram Panchayat through Advocate with a prayer that registered sale deed be executed in favour of the appellant for the plot purchased by him through auction on 16.3.1992, but the Gram Panchayat did not take any action.