JUDGMENT

1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner-defendant assailing the legality and validity of the order dated 26.04.2022 passed by the learned Additional District Judge, Sawaimadhopur dismissing the Civil Misc. Appeal No.19/2020 preferred against the order dated 18.07.2020 passed by the learned Civil Judge Khandar, District Sawimadhopur in Civil Misc. Case No.11/2020 (CIS No.11/2020) whereby, the temporary injunction application filed by the respondents-plaintiffs was allowed.

2. The relevant facts in brief are that the plaintiffs filed a suit for declaration and permanent injunction against the petitioner stating therein that he was trying to encroach upon 20 ft. wide public way situated towards the southern side of their property. It was stated that this way was mentioned in the patta issued to them by the competent authority. The temporary injunction application filed by the plaintiffs alongwith the suit came to be allowed by the learned trial Court vide its order dated 18.07.2020 whereby, the petitioner was restrained from encroaching and raising construction on the 20 ft. wide public way marked A,B,C,D in the site