MUNICIPAL BORAD RAJGARH Vs. MOHD ANIF

JUDGEMENT

(1.) The present appeal has been preferred by the Municipal Board, Rajgarh, District Churu, feeling aggrieved by rejection of the appeal (No. 1/2005) vide judgment and decree dated 27.03.2010 passed by the learned Additional District Judge, Rajgarh, District Churu (hereinafter referred as the "Appellate Court") vide which, the learned Appellate Court had affirmed the judgment and decree dated 26.02.2005 passed by the learned Civil Judge (Senior Division), First Class, Rajgarh (hereinafter referred to as the "Trial Court") in Civil Original Suit No. 46/2004 (38/2000) whereby, the suit filed by the plaintiffs (respondents herein), seeking mandatory injunction, was decreed.

(2.) Succinctly stated the facts of the case are that the plaintiffs (respondents herein) filed a suit against the defendant - Municipal Board, seeking a direction to the defendant to catch the stray pigs wandering in the city, as they created nuisance and posed a threat of life and property to the residents.

(3.) On the pleadings of the parties, the following issues were framed by the Trial Court:-