1989 Supreme(Raj) 687
M.C.JAIN
Saghir Uddin – Appellant
Versus
Executive Engineer P. W. D. Jhunjhunu – Respondent
Advocates:
For the Petitioner:Mr. S.M. Ali, Advocate.
For the Non-petitioner: Mr. G.C. Chatterji G.A.
JUDGMENT
1. - This revision is directed against the order of the learned District Judge Jhunjhunu dated 5.2.1986 whereby the petitioner's appeal was dismissed and the order of the Munsif & Judicial Magistrate Jhunjhunu dated 29.1.86 was upheld and the petitioner's application for grant of temporary injunction was rejected. Both the courts below did not find all the ingredients in favour of the petitioner and consequently the application of the petitioner was rejected.
2. Having heard learned counsel for the parties in my opinion this revision petition deserves to be allowed in view of the admitted fact that Khasra No. 772 is a burial ground and the petitioner's case is that road be not allowed to be constructed in the burial ground. The non-petitioners who had submitted the reply in the trial court have admitted that Khasra No. 772 is a burial ground. In view of this admission it would be proper to direct the non-petitioners not to construct any road in Khasra No. 772. What is the extent of Khasra No. 772 towards South may be got determined by getting South boundary of Khasra No. 772 demarcated. The non-petitioners may get it demarcated from the competent authority and after such de
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