1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 3779/2008 {Smt. Badam Devi Versus Additional Civil Judge (Junior Division) & Others} Date of Order :: 14th August, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Amrit Surolia for the petitioner BY THE COURT: Heard learned counsel for the petitioner. 2. The petitioner has preferred this writ petition with a prayer to quash and set-aside the entire proceedings in the matter of Civil Suit No. 06/2008 titled as Smt. Shakuntla Devi & Others Versus Shankar Lal & Others pending in the court of Additional Civil Judge (Junior Division), Sawai Madhopur. 3. From the documents annexed with the writ petition, it appears that the plaintiff- respondents no. 2 and 3 filed a civil suit in the trial court against the petitioner as well as other defendants namely Shankar Lal Mistri, Kuber Choudhary and Hanumant Choudhary, wherein the trial court allowed the application of the plaintiff-respondents for temporary injunction 2 vide order dated 19th January, 2008 and restrained the defendants including defendant- petitioner by way of temporary injunction that they will not operate the mobile tower over the disputed plot of land. It is relevant to mention that one of the co-defendant Kuber Chaudhary preferred an appeal before the first appellate court, wherein an application under Section 151 CPC was filed. Thereafter Kuber Chaudhary preferred S.B. Civil Writ Petition No. 3784/2008 before this Court, which was dismissed with observations vide order dated 31st July, 2008. So far as the present writ petition is concerned, the learned counsel for the petitioner admits that petitioner has not preferred any appeal before first appellate court against the injunction order dated 19th January, 2008. So far as the present prayer made in the writ petition is concerned, the same cannot be granted at this stage by this Court under Article 226 and 227 of the Constitution of India and the entire suit itself cannot be dismissed. In the facts and circumstances of the case, I do not find any merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK