HARDEV SINGH SANDHU Vs. POONAM KANWAR

JUDGEMENT

(1.) At the request of learned counsel for the parties, the matter has been finally heard and is being disposed of by this order.

(2.) The present appeal arises out of the judgment dated 04.02.2006 passed by learned Additional District Judge No.3, Jodhpur in Civil Misc. Case No.165/05 (Smt. Poonam kanwar Vs. Hardev Singh Sandhu and another) whereby the application moved by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 CPC for temporary injunction has been disposed of with the following order.

(3.) The facts relevant for the present appeal are that plaintiff Smt. Poonam Kanwar filed a suit for perpetual and mandatory injunction wherein an application under Order 39 Rule 1 and 2 read with Section 151 CPC for temporary injunction was also filed stating therein that she is the owner of house No.171A, situated at Opposite circuit House, Ajit Colony, Jodhpur and near to her house, house of defendant is situated, who by covering the set back area raised construction to which the plaintiff raised objection and filed a complaint in the Municipal Corporation.