Alok Sharma, J. - (1.) THIS petition has been filed against the order dt. 18th February, 2012 passed by the Additional District Judge (Fast Track) No. 2, Sikar Camp Srimadhopur in Civil Miscellaneous Appeal No. 18/2009 upholding the order dt. 24.11.2009 passed by the Civil Judge (Jr. Division) Srimadhopur, District Sikar dismissing an application under Order 39 Rule 1 and 2 of CPC seeking temporary injunction and protection of possession of certain land in Khasra No. 44 and 45 in Dhani Radwali, Tan Village Udaipura, Gram Panchayat Govindpura, Tehsil Srimadhopur, District Sikar. Having heard the learned counsel for the petitioner and perused the petition including the impugned orders, it is found that the impugned orders dt. 18.02.2012 and 24.11.2009 are well considered orders, founded upon a prima facie view of the petitioner having no case on merits. The Courts below have prima facie held that by way of injunction sought the petitioner as plaintiff in the suit was seeking to perpetuate his illegal possession over land belonging to Scheduled Castes contrary to the prohibition under Sec. 42 of the Rajasthan Tenancy Act. The Courts have also found that the Tehsildar Srimadhopur had issued show cause notice to the petitioner on 23.10.2009 requiring him to show cause as to why he should not be evicted from the land belonging to Scheduled Caste protected under Sec. 42 of the Rajasthan Tenancy Act. The Courts below also held that Section 41 (h) of the Specific Relief Act, 1963 prohibited grant of injunction where equally efficacious relief could be obtained in other proceedings and that such proceeding was available to the petitioner by joining the show cause notice issued by the Tehsildar, Srimadhopur by a reply to the show cause notice dt. 23.10.2009 issued by him.
(2.) IN my considered opinion, the concurrent finding of the Courts below are well reasoned. There is no perversity or misdirection in law to warrant interference at the hands of this Court under Article 227 of the Constitution of India. The petition has no force and as such deserves to be dismissed. Dismissed. Stay application also stands dismissed.;