RAGHUNATHDAS VAISHNAV Vs. MUNICIPAL BOARD, NATHDWARA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court are that the petitioners claim that they were in possession of a property situated at Sukhadia Nagar, Near Narayan Chowi, opposite Housing Board, Nathdwara, District Rajsamand. The petitioners further claim that they have possession over the said property for past twenty years without any interference by any other person, and they were peacefully enjoying their property on the said plots; however, while they had made a very small room called kotadi, the respondents came to the plots on 23.07.2018 and dispossessed the petitioners from the property in question.

(3.) The petitioners thereafter filed a civil suit before the Court of learned Civil Judge, Nathdwara and sought restrainment of the respondents from interfering with the peaceful possession of the petitioners over the property in question. For the said purpose, alongwith the said suit, an application for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 CPC was also filed alongwith certain documents by the petitioners, which included applications for regularization moved by the petitioners on 23.12.2013 seeking regularization of their possession over the property in question, which were registered at Serial Nos.2297 and 2296 dated 01.01.2014 with the Municipal Board, Nathdawara.