1/2 S.B.CIVIL WRIT PETITION NO.4685/2009 (Bahadur Singh & Anr. vs. Chiranji Lal & Ors.) DATE OF ORDER : 10/7/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sanjeet Purohit, for the petitioners. Heard learned counsel. This petition is directed against the concurrent orders of courts below rejecting the application for temporary injunction in a suit filed for injunction in representative capacity by the present plaintiffs. Both the courts below have found that Municipal Counsel-defendant in the suit had sold the land in question to the private defendants and, therefore, the present plaintiffs were not entitled to temporary injunction at this stage. Learned counsel for the petitioners submits that the Municipal Council has admitted in the written statements that excess land to the extent of 3-4 ft. on the road side was allotted and sold to the private defendants on account of some technical mistake and, therefore, the private defendants should be allowed to raise any construction on the same. Having heard learned counsel, this Court does not find any force in the present writ petition. So long as the sale deed in question 2/2 stands in favour of private defendants, they are not only entitled to use the said land sold to them by Municipal Counsel for their own benefits and present petitioners are not entitled to seek any temporary injunction against the defendants in such such circumstances. The suit deserves to be decided on merits and this Court does not find any ground to grant temporary injunction against the defendants at this stage. The writ petition being devoid of merits is dismissed. Copy of this order be sent to opposite side as well as learned trial court. (DR.VINEET KOTHARI), J. item no. 4 baweja/-