Order

15/10/2024

1. By way of the present writ petition, the petitioner has challenged the order dated 29.08.2024 passed by the learned District Judge, Chittorgarh (hereinafter referred to as ‘the Appellate Court’), whereby the appeal filed by the petitioner against the order dated 01.07.2024 passed by the learned Senior Civil Judge, Chittogarh (hereinafter referred to as ‘the trial court’)

has been rejected.

2. The facts appertain are that the petitioner instituted a suit for injunction inter-alia contending that the subject land belongs to him and other three co-sharers and he is having 1/4 share of the land on which the respondent – Urban Improvement Trust (for short ‘UIT’) is constructing a road.

3. It has been asserted in the suit that the way has been wrongly recorded in the subject land, which is jointly owned by the petitioner and a revenue suit for correction of revenue entries in relation to the depiction of way has already been filed.

4. Mr. Mankad, learned counsel for the petitioner argued that the petitioner has filed a separate revenue suit and if the road is constructed by the UIT, his suit will be rendered infructuous. It was further argued that both the courts below have