PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition has been preferred with the following prayers: "1. By an appropriate writ, order or direction, the order passed by the learned Trial Court i.e. by learned Senior Civil Judge, Phalodi dated 16.01.2018 (Annex.5) in case No. 8/2018 may kindly be declared illegal and be quashed and set aside. 2. By an appropriate writ, order or direction, the order passed by the learned Appellate Court i.e. by learned ADJ, Phalodi, District Jodhpur dated 03.02.2018 (Annex.-7) in Appeal No. 02/2018 may kindly be declared illegal and be quashed and set aside. 3. By an appropriate writ, order or direction, the respondent be restrained to take any coercive measures and maintain the status quo till the final disposal of application under Order 39, Rule 1 and 2 of the CPC. 4. By an appropriate writ, order or direction, the respondent be restrained to take over the possession of the land in question situated in Southern side of Phalodi-Pokran Road, District Jodhpur and if during the pendency of the writ petition, there is some action taken by the respondent with regard to the demolition of the property, the same may kindly be restored in favour of the petitioner. 5. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the petitioner states that petitioner preferred a civil suit for permanent injunction along with an application under Order 39, Rule 1 and 2 of the CPC seeking direction against the respondent to take any coercive measures to dispossess him from the property in question situated in the Southern Side of Phalodi-Pokran Road. The notices were issued in the suit and the matter was argued for ad interim injunction and the ad interim order was refused by the learned Court below vide order dated 16.01.2018. The petitioner preferred an appeal under Order 43, Rule 1 of the CPC but the same has also been dismissed by the learned Appellate Court on 03.02.2018.
(3.) Learned counsel Shir Manoj Bhandari has harped upon the part that the said plot in question was situated in Southern side of road measuring 101 X 101 Yards and the patta for the said plot was issued by the erstwhile State of Rajasthan in Vikram Samvat 1890 in the name of Dadha Sultanchand given to Badarchand Motichand Sultanchand. Learned counsel for the petitioner has further drawn attention of this Court to the Bahi of the said patta is on record.;