1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 6211 of 2007 KUNDAN RAM & ANR. V/S MUQUBAL & ORS. Mr. AK RAJVANSHY, for the appellant / petitioner Date of Order : 27.9.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner. Perused the impugned order. In para-6 of the plaint, the plaintiff has alleged that the encroachment has been made in front of plaintiff's doors on the public way. In such circumstances, the question as to whether encroachment has been made, or not, or whether it obstructs the plaintiff's way, or not, are all questions to be decided after taking evidence of the parties, and therefore, it could not be decided as preliminary issue, and has rightly been declined by the learned trial court. Learned counsel also challenged the imposition of cost. Learned trial court has clearly given reasons that the plaintiff's witnesses present were also not allowed to be examined by the conduct of the defendant, therefore, 2 cost has been imposed, which also in my view does not require any interference. In such circumstances, I do not find any ground to interfere with the impugned order. The writ petition is, therefore, dismissed summarily. ( N P GUPTA ),J. /sushil/