SBCWP NO.7285/2008 – CHAGNA AND ORS. V/S ASSISTANT ENGINEER AND ORS.. : JUDGMENT DTD.26.9.2008. 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.7285/2008 Chagna and ors. versus The Assistant Engineer, Public Works Department, Raniwara and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Harish Purohit, for the petitioner. Mr.Vivek Shrimali, } for the respondents. Mr.R.Dave } DATE OF JUDGMENT : 26th September, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This petition is directed against the order dtd.4.8.2008 SBCWP NO.7285/2008 – CHAGNA AND ORS. V/S ASSISTANT ENGINEER AND ORS.. : JUDGMENT DTD.26.9.2008. 2/3 and the appellate order dt.19.8.2008 whereby both the courts below refused to grant ad interim temporary injunction in the suit filed by the petitioners – plaintiffs under Order 1 Rule 8 C.P.C. seeking injunction against the defendants not to make road in question as permanent paver road. 3. The learned counsel for the petitioners submit that the matter is fixed for arguments on the temporary injunction application and the trial Court may decide the said T.I. after hearing the arguments on 4.10.2008 and till then the defendants including the Public Works Department, Raniwara may not finish the job of laying paver road on the public way in question. 4. In the facts and circumstances of the case, this writ petition is disposed of with a direction to the learned trial Court of Civil Judge (J.D.), Raniwara to decide the application for temporary injunction on 4.10.2008 when the matter is listed before it, positively. If for any over-riding reason the application for temporary injunction is not decided, the same shall be decided in any case before 15.10.2008. SBCWP NO.7285/2008 – CHAGNA AND ORS. V/S ASSISTANT ENGINEER AND ORS.. : JUDGMENT DTD.26.9.2008. 3/3 Till then the Public Works Department shall not finish the work of construction of paver road in question. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.21 Ss/-