YUNUS Vs. SHEIKH FARID

JUDGEMENT

(1.) THE instant civil misc. appeal has been filed by the appellant/plaintiff, Yunus S/o Hussain, in this Court on 11.06.2012 aggrieved by the order dated 21.03.2012 whereby the application for Temporary Injunction in Civil Misc. Case No. 139/2011 has been rejected by the learned trial court of Additional District Judge, Parbatsar, District: Nagaur.

(2.) THE appellant/plaintiff claimed that under the 'Bapi -Patta' the mine in question being Mine No. 107 was given to the forefathers of the family of which the plaintiff is also a member and the quarry licence was issued in favour of defendant on 05.01.1988 after the said mine in question was declared as "Khasla" by the State Government on 24.08.1968 on an application filed by the defendant on 17.12.1987, the said quarry licence was issued in favour of defendants on 05.01.1988 under which the defendant is carrying on the mining operations in the said mine.

(3.) THE present suit has been filed by the appellant/plaintiff after more than 20 years and the plaintiff was not entitled to temporary injunction against the defendants. The relevant findings of the learned trial court refusing to grant temporary injunction read as under: -