BIHARILAL AND ORS. Vs. PANKAJ AND ORS.

JUDGEMENT

(1.) THE appellants/plaintiffs, Biharilal S/o. Sh. Tarachand Choudhary and others, filed a suit in the representative capacity, for injunction with respect to Plot No. 74 near Govt. Girls Senior Secondary School, Badi Sadri. The appellants/plaintiffs having concurrently lost the legal battle before the two courts below has preferred this second appeal assailing the judgment and decree dated 09.10.2012 passed by learned Additional District Judge, Nimbahera, Camp - Badi Sadri, dismissing plaintiffs' First Appeal No. 25/2008 - Biharilal & Ors. v. Pankaj & Ors., and affirming the judgment and decree dated 19.08.2008 passed by learned Civil Judge (Sr. Division), Badi Sadri, whereby the suit filed by the appellants/plaintiffs (Civil Original Suit No. 55/2006 - Biharilal & Ors. v. Pankaj & Ors.), against the defendants seeking injunction was dismissed.

(2.) ACCORDING to the appellants/plaintiffs, the plot in question being Plot No. 74 could not have been allotted by the defendant No. 3, Municipal Council, Badi Sadri, as it was reserved or earmarked for school and the plot purchased by the defendants No. 1 and 2, namely, Pankaj S/o. Sh. Prem Singh Mehta, and Prem Singh S/o. Manmal Mehta, which was purchased by them through a registered sale -deed from one Shanker Dan, was actually Plot No. 73. Thus, the appellants/plaintiffs prayed for relief of permanent injunction against the defendants from taking possession of Plot No. 74.

(3.) THE relevant findings of the learned trial court from the order dated 18.08.2008 are quoted herein below for ready reference: - -