- (1.) THIS appeal is directed against judgment and decree dated 16.04.2010 passed by Additional District Judge (Fast Track), Parbatsar, District ­ Nagaur, whereby the appeal filed by the appellant against the judgment and decree dated 15.03.2008 passed by Civil Judge (Senior Division), Parbatsar, District ­ Nagaur has been rejected.
(2.) THE facts in brief may be noticed thus: the appellant filed the suit for mandatory and permanent injunction against the respondents with the averments that the house of appellant and respondent Nos. 1 and 2 are situated next to each other. A four feet wide land belonged to the appellant and beyond which the four feet land was that of his possession, however, on account of dispute between the parties, a settlement was arrived at, wherein certain terms were agreed between the parties, but the respondent Nos. 1 and 2 were seeking to act against the said compromise dated 30.08.2002 and, therefore, they be restrained from doing so. A written statement was filed by the respondents disputing the averments made in the plaint.
(3.) THE trial court framed four issues and after evidence was led by the parties, the trial court came to the conclusion that the construction was not taking place in the disputed area, as the plaintiff had not filed a suit seeking declaration, the same was not maintainable and, consequently, dismissed the suit.;