Vineet Kothari, J. - (1.) THE appellants/plaintiffs, Biharilal S/o. Sh. Tarachand Choudhary and others, filed a suit in the representative capacity, for injunction with respect to Plot No. 74 near Govt. Girls Senior Secondary School, Badi Sadri. The appellants/plaintiffs having concurrently lost the legal battle before the two courts below has preferred this second appeal assailing the judgment and decree dated 09.10.2012 passed by learned Additional District Judge, Nimbahera, Camp - Badi Sadri, dismissing plaintiffs' First Appeal No. 25/2008 - Biharilal & Ors. v. Pankaj & Ors., and affirming the judgment and decree dated 19.08.2008 passed by learned Civil Judge (Sr. Division), Badi Sadri, whereby the suit filed by the appellants/plaintiffs (Civil Original Suit No. 55/2006 - Biharilal & Ors. v. Pankaj & Ors.), against the defendants seeking injunction was dismissed.
(2.) ACCORDING to the appellants/plaintiffs, the plot in question being Plot No. 74 could not have been allotted by the defendant No. 3, Municipal Council, Badi Sadri, as it was reserved or earmarked for school and the plot purchased by the defendants No. 1 and 2, namely, Pankaj S/o. Sh. Prem Singh Mehta, and Prem Singh S/o. Manmal Mehta, which was purchased by them through a registered sale -deed from one Shanker Dan, was actually Plot No. 73. Thus, the appellants/plaintiffs prayed for relief of permanent injunction against the defendants from taking possession of Plot No. 74. The learned trial court after evaluating the evidence and material placed before rejected the suit filed by the appellants finding that actually the said suit Plot was Plot No. 73 as the Plot No. 74 was in the possession of the Govt. Girls school, which was adjacent to Plot No. 73, duly purchased by the defendants No. 1 and 2/respondents, which they purchased from its owner i.e. Sh. Shanker Dan under a registered sale -deed. The learned trial court also observed that suit was barred by the principles of res -judicata since the earlier also the owner of the plot, i.e. Sh. Shanker Dan, filed a Suit No. 208/80, and the said suit was decided by the learned trial court in favour of said Shanker Dan.
(3.) THE relevant findings of the learned trial court from the order dated 18.08.2008 are quoted herein below for ready reference: - - ;