SANDEEP MEHTA,J. - (1.) The instant appeal has been filed on behalf of the appellant challenging the order dated 26.7.2013 passed by the learned Additional District Judge No. 4, Udaipur in Civil Misc. Case No. 61/2013, whereby, the application under Order 39 Rule 1 and 2 read with Section 151 C.P.C. filed by the plaintiff-appellant was dismissed.
(2.) Briefly stated the facts necessary for the disposal of this appeal are that the National Highway Authority of India was entrusted with the project of constructing a four lane road on the National Highway No. 8. During the course of the project, it is alleged that a building which was falling in the construction zone was to be pulled down. When the demolition of the building was attempted, the appellant filed a suit for injunction accompanied with an application for temporary injunction under Order 39, Rule 1 and 2 C.P.C. with the prayer to restrain the defendant National Highway of India from demolishing the building which the appellant claims to be under his title and possession and was allegedly constructed decades ago.
(3.) The National Highway Authority of India contested the application for temporary injunction. It was pleaded on behalf of the Authority that Khasra Nos. 1776 and 1777 on which the building existed were as a matter of fact revenue land owned by the State Government and, thus, the appellant had no right to resist the use of the land for widening of the National Highway.;