SBCWP No.8637/2008 Nand Kishore Vyas Vs. Girdhari Lal & Ors. 1 SBCWP No.8637/2008 Nand Kishore Vyas Vs. Girdhari Lal & Ors. DATE OF ORDER : - 23.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Sanjeet Purohit for the petitioner. Mr.Shyam Sundar Ladrecha, for the respondents. <><><> Heard learned counsel for the parties. The petitioner's injunction application was dismissed by the trial court vide order dated 5.1.2008 and appeal was dismissed by the appellate court vide order dated 21.10.2008, hence, this writ petition has been preferred. Learned counsel for the petitioner vehemently submitted that petitioner is in possession of the property in dispute, his construction is there, his application for regularization of the possession is pending before the Gram Panchayat, Napasar and it is clear from the application dated 30th April, 1996. In view of the above reasons, the courts below committed serious error of law by rejecting the petitioner's application for grant of injunction. It is submitted that respondents are neither the owner of the property nor are in possession. It is also submitted SBCWP No.8637/2008 Nand Kishore Vyas Vs. Girdhari Lal & Ors. 2 that only allegation against the petitioner is that he constructed one wall in recent past, but so far as his old possession is concerned, he has filed the affidavits which have not been rebutted by other persons and the defendants. It is submitted that in the interest of justice, the petitioner should have been allowed to keep the possession by grant of injunction and the defendants did not have any right to remove that possession. Learned counsel for the respondents submitted that petitioner wants to garb the land with the help and connivance of the land grabbers and with the help of the officers of the Gram Panchayat. I considered the submissions of learned counsel for the parties and perused the reasons given by the two courts below. Admittedly, the petitioner has no title of the property and two courts below held that he created some evidence of his possession, which according to two courts below were recent one. It is also pointed out by learned counsel for the respondents that even Gram Panchayat, Napasar is not SBCWP No.8637/2008 Nand Kishore Vyas Vs. Girdhari Lal & Ors. 3 party. Be it as it may be, the petitioner is seeking injunction merely on the ground that one application submitted in the year 1996 before the Gram Panchayat, Napasar and looking to the allegation that Gram Panchayat, Napasar has some soft corner, if the two courts below after appreciation of the facts of the case, refused to grant injunction, this Court is not inclined to invoke jurisdiction under Article 227 of the Constitution of India. Hence, there is no merit in this writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-