BADRIRAM Vs. LRS OF RATAN LAL

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs:-

(2.) The brief facts as noticed by this Court are that the plaintiff/respondents no.1 and 2 filed a civil suit before the court of learned Civil Judge, Nagaur seeking a decree of permanent injunction against the petitioner-defendant. The suit was accompanied by an application for grant of temporary injunction under Order 39, Rule 1 and 2 CPC. The bone of contention is that the defendant-petitioner is making construction of soak pit, which is stated to be an open land of Panchayat, and is in front of the house of plaintiff-respondents. Counsel for the petitioner pointed out that temporary injunction was granted by the trial court vide order dated 20.9.2017 to the extent of that soak pit construction was permitted, however, the learned appellate court reversed the same by passing order dated 01.2.2018. Learned counsel for the petitioner argued that soak pit was constructed in the Panchayat's land with permission of Panchayat.

(3.) Counsel for the respondent refuted the submissions on the ground that soak pit is in front of his house and it is directly causing problem/nuisance to the respondents.