NARENDRA KUMAR JAIN,J. - (1.) Heard learned counsel for the petitioner.
(2.) Plaintiff-respondent No.4 Roop Singh filed a suit for perpetual injunction in respect of land, in dispute, along-with an application for temporary injunction under Section 212 of the Rajasthan Tenancy Act, 1955. The defendant-petitioner also filed an application under Section 212 of the Rajasthan Tenancy Act along-with counter-claim.
(3.) The Assistant Collector, Dudu, vide its order dated 17th January, 1997 dismissed the application filed by the plaintiff and allowed the application filed on behalf of the defendant-petitioner and restrained the plaintiff not to interfere with the possession of the defendant during the pendency of the suit. Being aggrieved with the same, the plaintiff preferred an appeal but the same was dismissed by the Revenue Appellate Authority vide judgment dated 16th July, 1997. Thereafter the plaintiff preferred a revision petition before the Revenue Board, which was allowed in part vide judgment dated 31st December, 2001, and the Revenue Board directed that both the parties shall not alienate the disputed property by way mortgage or sale. The remaining part of the order passed by two courts below, whereby the plaintiff was restrained, was set aside. Thereafter the defendant-petitioner filed a review petition before the Revenue Board but the same was dismissed vide order dated 3rd August, 2007. Hence this writ petition has been preferred on behalf of the defendant petitioner.;