- (1.) This writ petition has been preferred against the order dated 05.02.2020 passed by the learned Additional District Judge No.19, Jaipur Metropolitan (HQr Sanganer) whereby, the Civil Miscellaneous Appeal No.101/2018 preferred by the respondent defendant against the order dated 14.10.2019 passed by the learned Additional Civil Judge No.26, Jaipur Metropolitan (Hqrs. Sanganer) allowing the application filed by the appellant-plaintiff for temporary injunction, has been allowed.
(2.) The facts in brief are that the appellant-plaintiff filed a suit for permanent injunction against the defendant-respondent claiming that the plot No.65, Purusharth Nagar-A Extention, Jagatpura was allotted to him by the Vikas Bhawan Grih Nirman Sahkari Samiti vide allotment letter dated 02.09.1987, on which he raised construction of a two feet Pakka boundary wall. Alleging that the defendant was trying to encroach upon the land of his plot, he filed the suit. Alongwith the suit, he filed an application seeking temporary injunction praying therein that during the pendency of the suit, defendant be restrained from interfering with peaceful possession of the plaintiff on his plot. The defendant in his reply to the temporary injunction application submitted that he is the owner of the land bearing Khasra No.396, Village Jagatpura, Tehsil Sanganer, District Jaipur, which he has purchased from the erstwhile Khatedar and has chalked out a residential scheme after getting the land converted from the Jaipur Development Authority under Section 90 A of the Rajasthan Land Revenue Act 1956 and the land in dispute is part of this Khasra Number. Ownership as well as possession of the plaintiff over the land in question was denied. The learned Trial Court has, vide its order dated 14.10.2019, allowed the application filed by the plaintiff for temporary injunction.
(3.) The defendant-respondent herein successfully challenged the order of the learned trial Court as stated here-in-above.;