- (1.) By way of filing present misc. appeal under Section 104 read with Order 43 Rule 1 (r) CPC, the appellants are challenging the order dated 03.02.2011 passed by the Additional District Judge No.2, Bhilwara in Civil Misc. Case No.04/2011, whereby, the learned trial court rejected the application filed under Order 39 Rule 1 and 2 CPC by the appellants for temporary injunction.
(2.) As per facts of the case, a suit for permanent injunction has been filed by the villagers in the representative capacity of village Bagore, Tehsil and District Bhilwara, in which, it is submitted that respondent Devi Lal is raising construction upon the public land.
(3.) Learned counsel for the appellants submits that though construction permission has been granted, but respondent-defendant is not raising construction over the land, upon which, the construction permission has been granted. Further, it is submitted that the land in question is a public land and this aspect of the matter has not been considered by the learned trial court, therefore, the order impugned may be quashed and respondent-defendant may be restrained from raising construction upon the disputed land till dismissal of the suit.;