LAWS(RAJ)-1989-7-9

TEJARAM Vs. POONARAM

Decided On July 24, 1989
TEJARAM Appellant
V/S
POONARAM Respondents

JUDGEMENT

(1.) THIS revision petition has been filed by the plaintiff-petitioners against the order of the Additional District Judge, Nagaur, dated January 8, 1986, by which he has allowed" the appeal and set aside the order of the Munsif, Deedwana dated May, 12, 1982, restraining them from using the plaintiffs' field bearing Khasra No. 20 situated in village Fogedi as a way. The facts of the case giving rise to this revision petition may briefly be stated as follows: -

(2.) THE plaintiff-non-petitioners filed a suit for injunction in the court of the Munsif, Deedwana, with the allegations in short, that the defendants have started using their field as a way for going to their fields, no such way exists and they have another way which they are not using. Along with the plaint, an application under Order 39 Rules i & 2 was moved. Ex-parte injunction was granted. THE defendants filed their reply. After hearing the parties, the learned Munsif allowed the application and restrained the defendants from using the plaintiffs' field as their way. On appeal, the learned Additional District Judge, Nagaur, set aside the order of the Munsif.

(3.) IN the result, the revision petition is dismissed. No order as to costs. .