IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 22.01.2009. S.B.CIVIL WRIT PETITION NO.725/2008 Babu Khan Vs. Smt. Asgari & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Kailash Khinchar } Shri Brij Sharma }, for the petitioner. Heard learned counsel for the petitioner. Perused the impugned judgment dated 30.3.2007 by which the appeal has been allowed by the learned lower appellate court. The plaintiff respondent filed a suit for permanent injunction and along with the same, an application for grant of temporary inunction was also filed. The learned trial court however vide its order dated 11.7.2003 has dismissed, the said application against which the plaintiff preferred an appeal. Learned lower appellate court considered the question in regarding prima facie case and found that indeed a Chabutara had been constructed on the disputed site and the case of the petitioner was supported by the municipality that the land on which the said Chabutara had been constructed was government land, it was also held that no document of title had been filed by the defendant in respect of the land in dispute to show that the land was of the defendant and not part of the Sarkari Gali as stated by the Municipality also. Accordingly the learned lower appellate court has allowed the appeal directing the parties to maintain status quo with regard to the land more particularly described as BDEF in the site plan annexed to the plaint and restraining the defendant from raising construction thereon. Aforesaid are findings of fact arrived at by the court below while deciding the appeal in the matter of grant of temporary injunction which the learned court below had the jurisdiction to decide. I find no jurisdictional error nor any good ground to exercise the writ jurisdiction under Articles 226 and 227 of the Constitution of India so as to interfere with the same. The writ petition is accordingly dismissed. However, it may be observed that the dismissal of the writ petition or any observation made by the courts below shall not affected the rights of the parties so far as the decision of the suit is concerned which shall decide by the learned courts below on the basis of the evidence recorded at the trial without being influenced by any observation or finding given in the impugned orders passed by the two courts below or upon the fact that the writ petition has been dismissed by this court against the judgment of the learned lower appellate court. Subject to the above, this writ petition stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS