RAJMATA PADMINI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed filed by the plaintiffsapplicants-appellants (for short 'the applicants') against the order dtd. 20/7/2023 passed by the Additional District & Judge No.9, Jaipur Metro-II, Jaipur in Civil Miscellaneous Application No.10/2023 (CIS No.131/2023) titled as "Rajmata Padmini Devi & Ors. Vs. State Of Rajasthan & Ors.", whereby the temporary injunction application filed by the applicants under Order 39 Rule 1 and 2 CPC has been dismissed.

(2.) Learned senior counsel for the applicants submits that the trial court has wrongly dismissed the temporary injunction application filed by the applicants. Learned senior counsel for the applicants further submits that as per the Covenant, the building known as "Town Hall (Old Vidhan Sabha)" was a part of City Place. It was shown as private property of His Highness, Jaipur and preserved for future successors of Maharaja, Jaipur. Learned senior counsel for the applicants also submits that the nonapplicants were licensee in the property because owner-ship of the property-in-question vested in Maharaja, Jaipur. Learned senior counsel for the applicants also submits that at present, Vidhan Sabha is not functioning in the disputed property because the Vidhan Sabha has been transferred/shifted in new building. The non-applicants want to alienate the property-in-question. So, status quo order be passed regarding the property-in-question.

(3.) Learned senior counsel for the applicants also submits that the non-applicants are licensee in the disputed property and their license has already been terminated. Learned senior counsel for the applicants further submits that the purpose for which the disputed properties was given to the applicants has been extinguished because of transferring/shifting the Vidhan Sabha in new building.