GANESH AND ORS. Vs. ANIMAL AID CHARITABLE TRUST

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India is directed against judgment dated 03.01.2015 passed by Additional District Judge No. 4, Udaipur, whereby, the appeal filed by the respondent has been allowed and the order dated 19.06.2014 passed by Civil Judge (Senior Division), Udaipur accepting application filed by the petitioners under Order XXXIX, Rule 1 and 2 CPC has been set aside.

(2.) THE petitioners filed a suit for permanent injunction alongwith an application under Order XXXIX, Rule 1 and 2 CPC; it was, inter alia, claimed that petitioner No. 1 - Ganesh is illiterate aged person and the suit land is in power and peaceful possession of the petitioners for more than 70 years; the land was given to the petitioners by the then Maharana under a Patta, however, the same was destroyed; the petitioners were using the land for agricultural purposes; the land is covered by an old wall 5 ft. high; it was claimed that on 21.05.2014 certain persons came to the site and started demolishing the wall and tried to enter the land forcibly; matter was reported to the Police; it was prayed that permanent injunction be granted against the respondent and during the pendency of the suit, the respondent be restrained from interfering in the plaintiffs' possession; the petitioners produced certain documents alongwith the plaint.

(3.) REPLICATION was filed by the petitioners and the averments made in the reply were denied; it was reiterated that the petitioners were never dispossessed from the land in question and the possession handed over to the defendants was paper possession only.