INDRACHAND Vs. NARENDRA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 11.07.2019, passed by learned Additional District Judge, Sujangarh, District Churu (hereinafter referred to as 'the Appellate Court'), vide which order dated 28.08.2018, passedby Senior Civil Judge, Sujangarh, District Churu (hereinafter referred to as 'the Trial Court') has been affirmed.

(2.) The facts in brief, appertain to the present writ petition, are that the petitioners-plaintiffs filed a suit for permanent injunction and declaration, inter alia stating that the land on which the defendants were raising construction, is a public land and the plaintiffs and other persons have a right to beneficial enjoyment of such open land.

(3.) In the suit so filed, the defendants filed a written statement and asserted that the land in question is their own land and they are entitled to raise construction thereupon. In support of their stand, the defendants produced revenue record showing their title over the disputed land. Along with the written statement, the defendants filed a cross-temporary injunction application and sought that the plaintiffs be restrained from entering into the disputed land.