HABIBAN BIBI AND ANR Vs. MUNICIPAL COUNCIL AJMER AND ORS
LAWS(RAJ)-2011-11-201
HIGH COURT OF RAJASTHAN
Decided on November 29,2011

Habiban Bibi And Anr Appellant
VERSUS
Municipal Council Ajmer And Ors Respondents

JUDGEMENT

- (1.) By way of the instant writ petition, the petitioners have beseeched to quash and set aside the orders dated 8th August, 2007 and 11th March, 2008 rendered by the learned Civil Judge (Jr.Div.) Ajmer City (West), Ajmer and Additional District Judge No.1, Ajmer respectively whereby these courts dismissed the application of the petitioners filed under Order 39 Rule 1 & 2 of CPC.
(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that a suit for permanent injunction together with an application of temporary injunction came to be filed by the petitioners-plaintiffs against the respondents-defendants in the Court of Civil Judge (Jr.Div.) Ajmer City (West),Ajmer.
(3.) Learned trial Court having heard both the parties did not find a prima facie case in favour of the petitioners-plaintiffs and dismissed the application vide order dated 8th August, 2007. Aggrieved with the said order, the petitioners-plaintiffs preferred an appeal and that too stood dismissed by the Additional District Judge No.1, Ajmer vide order dated 11th March, 2008. Dissatisfied with the afore-stated orders passed by the courts below, the petitioners-plaintiffs have invoked extra ordinary jurisdiction of this Court under Article 227 of the Constitution.;


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