Mr. Sangeet Lodha, J. - (1.) This petition is directed against order dated 8.3.16 passed by the District Judge, Merta, in Civil Appeal No. 6/16, affirming the order dated 11.2.16 passed by the Civil Judge, Merta, in Civil Misc. Case No.79/15, dismissing the application preferred by the petitioners seeking temporary injunction, under Order 39, Rule 1 & 2 C.P.C.
(2.) Learned counsel for the petitioners contended that the courts below have seriously erred in arriving at the finding that the petitioners have no prima facie case in their favour. Learned counsel would submit that the courts below have failed to consider the permission granted by the Municipal Board, Merta, to late Shri Hassam Shah, who executed the Will of the disputed property in favour of the respondents. Learned counsel submitted that the respondents so as to encroach upon the land in 7 feet width, which forms part of the public way, have kept 17 ft. wide Gali in the other side instead of 10 feet. Learned Akeel Mohd & Anr. v. Shabbir Shah & Ors. counsel submitted that the factual position in this regard is apparent from the perusal of the Commissioner's Report as well. Learned counsel would submit that the findings arrived at by the courts below are ex facie capricious and perverse.
(3.) I have considered the submissions of the learned counsel and perused the material on record.;