SHIV KUMAR SHARMA, J. - (1.) Mr. S. C. Gupta, for the petitioner. The defendant-petitioner in the instant writ petition under Article 227 of the Constitution seeks to quash the impugned order dated August 16, 2003 of the learned Additional District Judge No. 8, Jaipur City passed in Civil Misc. Appeal No. 3/2003 whereby temporary injunction granted in favour of the plaintiffs and the defendant petitioner was restrained from raising construction over the plot JCEF shown in the map.
(2.) The grievance expressed by the learned counsel on behalf of the defendant petitioner was that second application for issue of temporary injunction was barred by principles of res judicata and the order of learned appellate Court was palpably illegal and not based on the sound judicial principles.
(3.) Having scanned the material on record I find that plaintiffs sought the relief second time under the changed circumstances. It was pleaded by the plaintiffs that on February 12, 2003 the defendant and his sons threatened the plaintiff to raise construction over the plot in question.;