KESAR DEV MOR Vs. NATWAR LAL

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment dated 11. 1. 1983 passed by the learned Civil Judge, Sikar in Civil Misc. Appeal No. 45/81 (41/79) confirming the order dated 27. 8. 79 passed by the learned Munsiff, Sikar in Civil Misc Petition No. 9/79 (2/79) by which ad-interim temporary injunction was granted against the petitioner.

(2.) SHRI M. M. Ranjan, learned counsel for the petitioner contends that both the lower courts have exceded their jurisdiction and therefore, committed error in granting temporary injunction. His contention is that in the present proceedings no prayer for cancellation of the decree has been made and therefore, no injunction could have been issued in the proceedings. It is further contended that the non-petitioner plaintiff has not claimed any right of easement over the land which is owned by the petitioner. He further contends that the courts below have failed to consider the large number of documents filed by the petitioner. Lastly, he contends that the non-petitioner has come to the court with uncleaned hands as he himself has raised certain constructions and booked the original way that he had. He also contends that the learned first appellate court has wrongly relied the principles laid down in Madan Mohan vs. Rewati Prasad (1 ).