MUNICIPAL BOARD Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 & 227 of the Constitution of India challenging the order passed by the learned District Judge, Sawaimadhopur dated 26.08.2009 whereby the appeal filed by the respondent no.2 (plaintiff) was allowed and the suit was restored to its original number with direction to the court below to decide the matter after affording opportunity to both the parties.

(2.) Brief facts of the case are that the respondent no.2 (plaintiff) filed a suit before the learned trial court for permanent injunction with regard to the property of which mention has been made in para no.1 of the plaint stating therein that she has purchased the said property from Sherpur Panchayat and since then she is in possession of the property and prayed for permanent injunction.

(3.) The petitioners (defendants) filed reply and stated that the District Collector, Sawaimadhopur vide order dated 13.10.1965 withdrew the powers of the said Panchayat of selling property and such powers were vested to the notified area committee constituted on 27.09.1965 and thus the plaintiff is an encroacher over the said government land.