GANESHA RAM Vs. URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the appellate order dated 10-9-1997 passed by the Addl. District Judge No. 2, Bikaner in C.M.A. No. 109/96 thereby dismissing the appeal of the plaintiff-petitioners and affirming order dated 17-8-1994 passed by the Civil Judge (JD), Bikaner, who had disallowed application for temporary injunction filed by the appellant-petitioners.

(2.) Briefly stated, the facts giving rise to the present petition are as follows :

(3.) Previously, the U.I.T. served the plaintiffs with a notice dated 5-1-1981 that they should appear before it and explain their unauthorised occupation of the disputed land and, on appearance and explaining the background of the possession and their claim, the U.I.T. decided to allot two shops 19-G and 19-H in the names of Ganesha Ram and Bhanwar Lal plaintiffs whereas allotment of three other shops in the names of their co-plaintiffs, the matter was kept pending and reports and comments in respect thereof were asked for and, lastly, on 15-6-1992 it was reported that Satya Narayan and Nand Kishore were also in possession of the land whereat the shops were contructed, as above, and the matter of regularisation of shops in the names of Satya Narayan and Nand Kishore were pending on the ground of their old possession on the disputed land which could not be regularized so far.