S.B. CIVIL REVISION PETITION NO.166/2008 Municipal Council Pali Vs. Mohd. Sikandar Kamdar. Date of order : 18th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. T.S. Champawat for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 28.4.2008 whereby the learned trial Court rejected the application of Municipal Council, Pali under Order 7 Rule 11 C.P.C. with cost of Rs.1,000/- on the ground that though the plaintiff claimed it to be an agricultural land, yet since the injunction was sought against the Municipal Council, it was doing road work on the said agricultural land, it becomes a mixed question of fact and law and evidence is required to be led by the parties to decide this issue as to whether the suit would fall within the domain of revenue Court or civil Court. 3. In view of this matter, the learned trial court cannot be said to have committed any error in rejecting the application under Order 7 Rule 11 C.P.C. of the defendant. 4. The writ petition is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.19 babulal/-