HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writs No. 4771/2019

Buddhiprakash S/o Moolchand, By Caste Jangam Patwa, R/o

Purana Thana, Lakheri, Dist. Budni, Rajasthan.

----Petitioner

Versus

1.

Executive Officer, Municipal Board, Lakheri, Dist. Bundi,

Raj.

2.

President, Municipal Board, Mandal Lakheri, Dist. Bundi,

Raj.

3.

Chothmal Verma S/o Chitar Lal, By Caste Bairwa, R/o

Shivnagar, Lakheri, Dist. Bundi, Raj.

4.

Babu Lal Verma S/o Shankar Lal Verma, R/o Founder

Senior Secondary Shiv Bal Vidhya Mandir, Shivnagar,

Lakheri, Dist. Bundi, Raj.

5.

Ramniwas S/o Goga, By Caste Bairwa, R/o Lakheri, Dist.

Bundi, Raj.

6.

Ramshankar S/o Jagannath, By Caste Bairwa, R/o Station

Road, Lakheri, Dist. Bundi, Raj.

----Respondents

For Petitioner(s)

:

Mr. Sunil Kumar Jain

For Respondent(s)

:

HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

Order

11/03/2019

Petitioner-plaintiff is aggrieved of the order made by the

Appellate Court vacating the order of status quo made by the trial

Court on an application under Order 39 Rule 1 and 2 CPC.

Learned counsel for the petitioner while did not dispute the

fact that on all the three well settled principles on which the claim

for grant of temporary injuction is to be tested i.e. prima facie

(2 of 2)

[CW-4771/2019]

case, balance of inconvenience and irreparable loss, were

answered by the trial Court in negative while granting an order of

status quo that has been quashed by the Appellate Court.

According to the learned counsel; however, it is not the

Municipal Board, Lakheri, District Bundi, who is proceeding against

the petitioner, but, they are defendant-respondent No.3 to 6, who

wants to dislodge the petitioner; hence, the order of status quo,

ought not to have been vacted.

Heard and considered.

Once the trial Court concluded in negative on test stone of all

the three well settled principles while examining the claim of the

petitioner on an application under Order 39 Rule 1 and 2 CPC; it

was not at all necessary for the trial Court, yet to grant an order

of status quo, in favour of the plaintiff-petitioner.

Moreover, admittedly, the property is of Municipal Board

Lakheri, District Bundi. In the factual matrix aforesaid so also for

the reasons recorded by the Appellate Court vide impugned order

dated 22nd January, 2019, while interfering with the order of trial

Court setting aside the order of status quo; suffers with no

illegality much less material illegality so as to warrant any

interference by this Court in its exercise of jurisdiction under

Article 227 of the Constitution of Inida.

In the result, writ application fails and is hereby dismissed.

(VEERENDR SINGH SIRADHANA),J

Pcg/139