Vineet Kothari, J. - (1.) THIS second appeal filed by the defendant is arising out of the judgment and decree dated 25.04.2008 passed by the learned Additional District Judge No. 1, Hanumangarh in Civil Original Appeal No. 45/2007 "Praveen Kumari W/o. Jain Prakash v. Municipal Board, Hanumangarh" who allowed the appeal filed by the plaintiff and set aside the impugned judgment and decree dated 27.09.2007 passed by the learned Additional Civil Judge (Junior Division), Hanumangarh in Civil Original Suit No. 25/2007 "Praveen Kumari W/o. Jain Prakash v. Municipal Board, Hanumangarh" by which, the learned Additional Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff -Praveen Kumari seeking perpetual injunction in relation to the dispute of land measuring 52x45 ft. situated at Chak 51 NGC, Stone No. 123/256 of Murabba No. of Kila No. 25, Hanumangarh.
(2.) THE present second appeal has been filed by the appellant, who was one of the defendant before the learned two Courts below, against the reversal of the findings of the learned Trial Court by the learned First Appellate Court. The appellant -Municipal Board, Hanumangarh, has filed the present second appeal in this Court on 02.07.2008. The civil suit seeking perpetual injunction against the defendant Municipal Board was filed by the plaintiff (respondent herein) Praveen Kumari in the Trial Court with the averments that the defendant Municipal Board, Hanumangarh had no right to interfere with the possession of the agricultural land in question belonging to the plaintiff, since the land is agricultural in nature and the same is not notified to be falling within the municipal limits. The defendant -Municipal Board had filed a detailed written statement to the plaint of the plaintiff.
(3.) AFTER framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court, however, had dismissed the suit of the plaintiff. The relevant portion of the discussion made by the learned Trial Court is quoted herein below for ready reference: - - ;