Advocates:
['BC MEHTA', '', 'DINESH MEHTA', 'S K M VYAS']

S.B.Civil Writ Petition No.779/06

Dated:- 22.10.2007.

HON'BLE MR.JUSTICE SANGEET LODHA

Mr.Dinesh Mehta, for the petitioner.

Mr.S.K.M.Vyas, for the respondents.

This writ petition is directed against the order dated

11.11.2005 passed by the District Judge, Pali in Civil Appeal

Order No.26/2005, whereby the appeal preferred by the

petitioner against order dated 9.8.2005 passed by the Civil

Judge(J.D.), Marwar Junction, rejecting the application preferred

by the petitioner seeking temporary injunction under Order 39

Rule 1 & 2 read with Section 151 of C.P.C., has been dismissed.

The matter comes up for admission, however, with the

consent of the parties, the same is heard and disposed of finally

at this stage.

On 21.2.2006 the notices were issued by this Court to the

respondents to the limited extent as to why the observations

made by the Appellate Court in para 10 of the impugned

judgment in relation to operation and effect of provision of

Section 109 of the Rajasthan Panchayati Raj Act, 1994 (in short

“the Act of 1994” hereinafter) be not set aside.

It is submitted by the learned counsel for the petitioner

that although the re