- (1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs: "i. the impugned order dated 16.08.2018 (An.1) passed by the learned Trial Court in Misc. Civil Case No.112/2018 and the order dated 12.10.2018 (An.2) passed by the learned Appellate Court in Civil Misc. Appeal No.20/2018 (CINo.20/2018) - Raghunathdas Vaishnav and Anr. Vs. Municipal Board, Nathdwara and Anr. may kindly be quashed and set aside and; ii. the application (An.4) filed by the petitioners under Order 39 Rules 1 and 2 r/w 151 CPC may kindly be allowed with costs throughout; iii. any other order or direction, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may be passed in favour of the petitioner; iv. writ petition of the petitioners may kindly be allowed with costs."
(2.) Brief facts of this case, as noticed by this Court are that the petitioners claim that they were in possession of a property situated at Sukhadia Nagar, Near Narayan Chowi, opposite Housing Board, Nathdwara, District Rajsamand. The petitioners further claim that they have possession over the said property for past twenty years without any interference by any other person, and they were peacefully enjoying their property on the said plots; however, while they had made a very small room called kotadi, the respondents came to the plots on 23.07.2018 and dispossessed the petitioners from the property in question.
(3.) The petitioners thereafter filed a civil suit before the Court of learned Civil Judge, Nathdwara and sought restrainment of the respondents from interfering with the peaceful possession of the petitioners over the property in question. For the said purpose, alongwith the said suit, an application for temporary injunction under Order 39 Rules 1 and 2 read with Section 151 CPC was also filed alongwith certain documents by the petitioners, which included applications for regularization moved by the petitioners on 23.12.2013 seeking regularization of their possession over the property in question, which were registered at Serial Nos.2297 and 2296 dated 01.01.2014 with the Municipal Board, Nathdawara.;