KAILASH SINGH Vs. DALVEER RAI

JUDGEMENT

(1.) The petitioner has preferred this writ petition aggrieved by order dated 26.05.2016 passed by Additional District Judge Sojat, District Pali, vide which the appeal filed by the defendant against grant of injunction of Civil Judge, Sojat City, was allowed and the order vide which injunction was granted was quashed.

(2.) Plaintiff-petitioner has argued that the weigh-bridge is being constructed on the road which is adjacent to the house of the plaintiff and if the stay is not granted, movement of vehicular traffic on the weigh-bridge would cause grave injustice to the plaintiff and he would suffer irreparable loss.

(3.) Counsel for the petitioner has placed reliance on Takhat Singh @ Norat Mal v. The Municipal Council, Ajmer 2006(3) DNJ (Raj.) 1466, which was a case where the dispute pertained to a Chabutari and construction was being raised upon it. The Chabutari belong to the Municipal Council, the Court observed that the Municipal Council has no jurisdiction to give sanction for construction over Chabutari.