Ummed Singh vs Municipal Council, Barmer
2022 Latest Caselaw 1700 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1857/2022

1. Ummed Singh S/o Nimb Singh, Aged About 55 Years, By Caste Ravna Rajpur, R/o Indra Nagar, Barmer, Tehsil And District Barmer.

2. Shankar Singh S/o Nimb Singh, Aged About 61 Years, By Caste Ravna Rajpur, R/o Indra Nagar, Barmer, Tehsil And District Barmer.

3. Devi Singh S/o Nimb Singh, Aged About 63 Years, By Caste Ravna Rajpur, R/o Indra Nagar, Barmer, Tehsil And District Barmer.

----Petitioners Versus Municipal Council, Barmer, Through Commissioner.

----Respondent

For Petitioner(s) : Mr. R.S. Choudhary through V.C.

For Respondent(s)        :



                    JUSTICE DINESH MEHTA

                                    Order

03/02/2022

1. By way of the present writ petition, the petitioners have

challenged the order dated 19.07.2021, passed by learned Civil

Judge, Barmer (hereinafter referred to as "the trial Court"), vide

which, petitioners' prayer for ad-interim injunction has been

turned down by the trial Court.

2. Against such order, an appeal under Order XLIII Rule 1(r) of

the Code of Civil Procedure is maintainable before the competent

Court and not before this Court under writ jurisdiction.

3. The writ petition is dismissed in light of the following

judgments, passed by this Court:

                                                                                (2 of 2)               [CW-1857/2022]



                                        (i)       Jagdish Singh Vs. Ambalal [(2015) 3 RLW 2711]

                                        (ii)      Ram swaroop Vs. State of Raj. & Ors. [2013(4) WLN 8]

                                        (iii)     Mahendra Vs. State & Ors. [2020(4) RLW 2786(Raj.)]

4. Needless to observe that petitioners shall be free to avail

remedy in accordance with law.

5. Stay petition also stands dismissed accordingly.

(DINESH MEHTA),J 28-Ramesh/-

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