Mr. Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners defendants aggrieved against the orders dated 10.4.2013 passed by the Civil Judge (Jr.Div.), Jodhpur Metro granting temporary injunction restraining the petitioners from raising any construction towards Eastern side of the house and rejecting the counter temporary injunction application of the petitioners and order dated 24.5.2013 passed by the Additional District Judge No.5, Jodhpur Metro, whereby the appeal preferred by the petitioners against the order dated 10.4.2013 has been rejected.
(2.) The respondents No.1 to 6 filed a suit for permanent and mandatory injunction inter-alia indicating that the defendants after purchasing the property in Hanif Babuji Ki Gali obtained construction permission from the Municipal Corporation, Jodhpur and got the map approved; the permission was granted towards Southern side of the house to the extent of 13.54ft. East-West, which is the rear side of the plot. However, the defendants were opening windows and doors in the said lane and has encroached upon 2ft. land of the lane. It was prayed that the defendants be restrained from trespassing over the land and not to interfere in the rights of the plaintiffs regarding ingress and egress in the lane.
(3.) Along with the suit, an application seeking temporary injunction was filed seeking restrain against the defendants from raising construction or trespassing over the lane and for removal of the construction over the trespassed portion.;