GURDEV SINGH Vs. MALLA SINGH
LAWS(RAJ)-1991-10-21
HIGH COURT OF RAJASTHAN
Decided on October 07,1991

GURDEV SINGH Appellant
VERSUS
MALLA SINGH Respondents

JUDGEMENT

JAIN, J. - (1.) THIS revision is directed against the order dated 10th Sept. 1984, passed by the learned District Judge, Sri Ganganagar, in Misc. Appeal No. 33/84, reversing the order dated 20. 04. 1984, passed by the learned Munsif on an application under 0. 39 r 1 & 2 C. P. C.
(2.) THE learned Munsif vide order dated April 20, 1984, dismissed the application for the grant of temporary injunction. Aggrieved by the said order Malla Singh Plaintiff preferred an appeal before the learned District Judge, Sri Ganganagar. THE learned District Judge inspected the site and after the passed the impugned order. Learned District Judge directed the defendant not to demolish a Kotha which is in Khasra No. 69. THE learned Court also restrained the defendant not to interfere in the compound of the plaintiff. I have given my thoughtfull consideration to the respective submissions made by the learned counsel for the parties. The main grievance of the learned counsel for the petitioner is that the Appellate Court should not have interferred with the discretionary order passed interfering in the order passed by the learned Munsif. Controverting his submission, learned counsel for respondents submitted that the order was passed after inspecting the site. On inspection the Appellate Court could notice that there was 3 1/2 feet passage, in Kartarsingh's Compound. In my opinion the order passed by the learned District Judge is quite reasonable and no case is made out for any interference in this revision petition. There is no error of jurisdiction. The revision petition is accordingly dismissed with out any order as to costs..;


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