- (1.) This Civil Misc. appeal under Order 43 Rule 1 CPC has been filed by the appellant against the order dated 3.10.2009 of Additional District Judge No. 5 Jaipur City Jaipur by which the application No. 63/2007 filed by the appellant seeking grant of the temporary injunction in a civil suit for declaration and the permanent injunction was rejected. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.
(2.) Brief facts of the case are that the appellant filed a suit for declaration and permanent injunction against the respondents 1 and 2 herein along with application under Order 39 Rule 1 and 2 CPC in the court of District Judge Jaipur City, Jaipur. The matter was assigned to Additional District Judge No. 5 Jaipur City Jaipur. The appellant stated in her application that her deceased husband Gyarsi Lal was holding agricultural land measuring 4 bigha 8 biswa forming part of Khasa Nos. 1, 2 and 3 situated in revenue village Nagriyawala, Tehsil Sanganer, District Jaipur which is now a days commonly known as Pratap Nagar, Sanganer, Jaipur. The subject land is situated opposite to NRI Colony developed by the Rajasthan Housing Board commonly known as ' Raj Aangan, Jaipur.' It was stated that her husband died on 22.4.2006. The appellant stated that she has never sold the land or otherwise transferred any part of it to any person or society for non-agricultural purposes. Nor her husband either sold or parted with the subject land or any portion thereof during his life time. It was further stated that the appellant and her family members are residing over the subject land. They are cultivating it without any hindrance as is apparent from the perusal of the girdavari in which cultivation is being done. It was also stated that they are holding electricity connection for agricultural purposes and they are paying regularly the charges to the concerned company. In the plaint she alleged that the respondents are society and its office bearer. They fabricated certain agreement showing the sale of I/4th portion of the subject land by late Gyarsi Lal in favour of the society. The society in connivance with the officers of the JDA are trying to encroach her land forcibly. On. 4.11.2007 after harvesting the kharif crop when the appellant and her family members were preparing the field for Rabi sowing, the respondent No. 2 with his henchmen and other unsocial elements came to the spot equipped with lathies and sarias etc. wanted to forcibly take possession. On account of severe resistance by the appellant, her family members and nearby neighbours they fled away however threatened the appellant that they will take the forcible possession by all means to develop illegal residential colony. After service of notice the respondents filed reply to the application for the grant of temporary injunction inter alia stating therein that the subject land was sold by deceased Gyarsi Lal to the society through several agreements entered into in the year 1981, 1985, 1988, 1993 and 1995. According to the respondents late Gyarsilal sold entire 4 bighas 8 biswas of his share to the society vide above stated agreements and also handed over possession after receiving the consideration. The society carved out a scheme Geeta Vihar B and submitted list of Member allottees in the JDA. It was stated that the member allottees raised construction of the houses and boundary wall over the subject land. The land was summarily resumed by the Jaipur Development Authority vide order dated 7.8.2000 under the provisions of Section 90B of the Rajasthan Land Revenue Act, 1956. The mutation was also entered in the name of the Jaipur Development Authority on 10.11.2000. An appeal was filed by Gyarsa against the aforesaid order, which was withdrawn on 8.4.2000. The appellant further stated that the subject land is an ancestral land in which the appellant and her other family members were having share since inception, which could not have been sold by Gyarsi Lal, who was also one of the coparceners. The trial court did not pass any order on the temporary injunction application therefore the petitioners filed Civil Writ Petition No. 10204/2007 Kalli Devi v. ADJ No. 5 and others on 13.12.2007 and this Court directed for maintaining status quo in regard to the land in question. The writ petition was decided by this Court on 21.8.2009 directing the trial court to decide the application for the grant of temporary injunction within a period of 30 days. The trial Court decided the injunction application vide order dated 3.10.2009 and refused to grant any injunction to the appellant. Hence this misc. appeal was filed by the appellant.
(3.) The arguments were heard on December 18, 2012 and both the parties requested for filing the written submissions. The learned counsel for the respondents filed written submissions on December 20, 2012 and the counsel for the appellant filed written submissions on December 21, 2012.;