ARUN BHANSALI,J. - (1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners against order dated 18.12.2013 passed by Civil Judge (Junior Division), Chittorgarh, whereby, the application filed by the petitioners under Order 39, Rule 1 and 2 CPC has been rejected and order dated 04.04.2014 passed by Additional District Judge No. 3, Chittorgarh, whereby, the appellate court has dismissed the appeal filed by the petitioners and confirmed the order dated 18.12.2013.
(2.) The facts in brief may be noticed thus : the petitioners-plaintiffs filed a suit for injunction against the respondents, inter alia, with the averments that petitioners were owners and in possession of the land comprised in Araji Nos. 1343/1536, 1343/1538 and 1343/1469; it was claimed that in the land belonging to the respondents, the petitioners are in use of 200 ft. wide road; the land around the petitioners' land has been acquired for the benefit of respondent Company and the respondents are preventing the plaintiffs from use of the road in question; alongwith the suit, application seeking temporary injunction was filed seeking restraint against the respondents from interfering in use of 200 ft. wide road.
(3.) A reply to the temporary injunction application was filed by the respondents and the plea raised in the temporary injunction application was contested.;