- (1.) A challenge has been made to the order dated 3-2-2015 by the petitioner-plaintiff (hereinafter 'the plaintiff') passed by Civil Judge Tonk as also the affirming order dated 11-3-2015 passed by Additional District Judge Tonk whereby the plaintiff's application for temporary injunction under Order 39 Rules 1&2 CPC filed along with the suit for permanent injunction has been dismissed.
(2.) Heard counsel for the parties and perused the impugned judgments.
(3.) Relevant facts of the case are that the suit for declaration and permanent injunction was filed in respect of a parcel of land 30 x 30 ft in khasra No.5588 near Sadat Hospital Tonk. It was stated that the plaintiff applicant was occupying parcel of land for 50 years and running tea-stall cum Dhaba, thereupon it was stated that the plaintiff was first threatened of dispossession by the respondents-defendants (hereinafter 'the defendants') in the year 1973. The threats continued despite assurance to the contrary. In the circumstances, a suit for permanent injunction was filed (No.83/1998) before the Civil Judge (Junior Division) Tonk. This was decreed vide judgment dated 24-8-2000, wherein the defendants were directed not to dispossess the plaintiff without due process of law. Yet despite the judgment and decree dated 24-8-2000, the defendants again threatened the plaintiff with dispossession on or about 19-6-2001. This led to another suit (No.7/2001) for permanent injunction against the defendants. Subsequently, the said suit was amended and the relief for declaration of title to suit property on account of adverse possession included. The Civil Judge (Junior Division) Tonk vide judgment dated 1-8-2006 again partially decreed the plaintiff's suit and the defendants were restrained from dispossessing the plaintiff without due process of law, albeit the relief for declaration of title by prescription was rejected on the ground that the plaintiff was at best in possession of suit property for only 27 years. The said judgment dated 1-8-2006 was upheld upto this Court in Second Appeal No.35/2008, which was dismissed on 9-12-2014. It was then averred that the plaintiff was again threatened with dispossession. Another suit for declaration and permanent injunction thereupon came to be filed on 26-12-2014 before the Civil Judge (Junior Division) Tonk, with an application for temporary injunction under Order 39 Rules 1&2 CPC. This was dismissed both by the trial court and the appellate court. Hence this petition.;