DAL CHAND Vs. SMT KANTA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 14.2.2017, passed by Additional District Judge No. 3, Bhilwara (hereinafter referred to as the 'Appellate Court'), vide which the petitioner's appeal against the order dated 1.2.2014, passed by learned Civil Judge (Junior Division), East, Bhilwara (hereinafter referred to as the 'Trial Court'), has been rejected.

(2.) Succinctly stated the facts relevant for the present purpose are that the petitioners filed a suit for permanent and mandatory injunction and sought an injunction qua the respondents that they be restrained from interfering in his possession over the land situated in Khasra No. 471.

(3.) Along with the suit aforesaid, the plaintiffs -petitioners had also filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, which was rejected by the Trial Court, vide its order dated 1.2.2014. Learned Trial Court, while rejecting the petitioner's application seeking temporary injunction, observed that petitioners are seeking temporary injunction in relation to land situated in Khasra No. 471 on the basis of a 'Patta', whereas the defendants have placed on record a 'Patta' issued in respect of the disputed land. Learned Trial Court has also observed that the copy of the document of title placed by the plaintiffs is not legible.