1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.7254/2008. Bunda Bhai and Another. VERSUS A.D.J.No.2, Bundi and Others. 15.01.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.L.L.Gupta, for the petitioners. ***** Heard learned counsel for the petitioners and perused the impugned order dated 16.11.2007 passed by the learned trial court as well as the appellate order dated 26.05.2008 by which the application under Order 39 Rule 1 and 2 C.P.C. as well as the appeal filed against the same has been dismissed. The short question for consideration is that the plaintiff filed a suit for permanent injunction for restraining the respondent-Municipal Board from realizing the amount of Rs.3,21,000/- from the petitioner and further that he should not be obstructed by the Municipal Board for raising construction over the land purchased by him from the Municipal Board. Having considered the submission of the learned counsel for the petitioner, I deem it just and proper to direct that in case the petitioner deposits the disputed amount with the Municipal Board, the Municipal Board shall grant permission to the petitioner in accordance with law and shall not obstruct in any construction 2 being raised by the petitioner over the land in dispute. It is made clear that in case the petitioner succeeds in the suit, the amount so deposited by the petitioner during the pendency of the suit in pursuance of this order shall be liable to be refunded to the petitioner with interest @ 9% p.a. It is made clear that in case the respondents are aggrieved by this order, they may approach this court for the modification of this order. Subject to the above, the writ petition stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.