ARUN BHANSALI, J. - (1.) HEARD learned counsel for the appellants. The appellants are aggrieved against judgment and decree dated 09.11.2004 passed by Civil Judge (Senior Division), Sojat, District, Pali as upheld by Additional District Judge, Sojat, District, Pali by appellate judgment dated 04.07.2008, whereby, while the suit filed by the respondents qua injunction has been decreed, the appeal filed by the appellants has been rejected, respectively.
(2.) THE respondents -plaintiffs filed a suit seeking permanent injunction against the appellants from interfering in use and occupation of the plaintiffs' house, boundaries whereof were indicated in the plaint alongwith further injunction not to restrain them for raising construction on the said piece of land. The suit was resisted by the appellant Municipal Board and it was claimed that the notice was issued by the Municipal Board as the construction was sought to be raised on public way.
(3.) ON the pleadings of the parties, the trial court framed several issues, the material being as to whether the disputed land was owned by the plaintiffs and was in their possession. On behalf of the plaintiffs, six witnesses were examined and several documents were exhibited including the sale -deed executed by Municipal Board in favour of Himmata Ram, their predecessor -in - interest dated 09.02.1970, the construction permission issued by the Municipal Board and the notice issued by the Municipal Board seeking to restrain the respondents from raising construction. On behalf of the appellant -defendants, no oral or documentary evidence was produced in support of its contentions raised in the written statement. ;