Dinesh Maheshwari, J. - (1.) HEARD learned Counsel for the petitioner and perused the material placed on record.
(2.) THE application dated 11.04.2008 (IA No. 4509/2008) seeking to place the correct copy of reply to the temporary injunction application as Annexure -3, looking to the reasons stated, is allowed; and the document as filed with the application is ordered to be substituted as Annexure -3 to the writ petition in place of the previously filed Annexure -3 that may be placed in Part -B of the record. By way of this writ petition, the plaintiff -petitioner seeks to question the order dated 08.02.2008 (Annex.5) as passed by the Additional District Judge, Abu Road in Civil Appeal (Order) No. 23/2007 affirming the order dated 17.09.2007 (Annex.4) as passed by the Civil Judge (Junior Division), Abu Road in Civil Misc. Case No. 39/2007 rejecting the application for temporary injunction against raising of construction by the defendant on the land sought to be put in dispute in the suit for perpetual and mandatory injunction as filed by the plaintiff petitioner.
(3.) THE suit aforesaid has been filed on the allegations that the defendant -respondent No. 3, having a residential plot on the western side of the plaintiff's plot, while raising construction has intruded into the plaintiff's property. The plaintiff -petitioner also filed an application for temporary injunction that the defendant be restrained from raising such construction during pendency of the suit. The defendant put the application to contest with the submissions that the plaintiff has not correctly stated the facts relating to the title, measurement, and location of his property; and asserted that she was raising construction only on her piece of land that was sold and handed over in possession by the plaintiff.;