JUDGMENT 1. - Heard learned counsels for the parties. 2. This writ petition is directed against the order dated 25.11.2011 whereby the lower appellate court of Additional District Judge, Sumerpur in Appeal No.09/2011- Shri Mahaveer Swami Jain Pedi, Khiwandi v. Narayan Singh & Ors . reversing the order of learned trial court dated 30.04.2011, rejected the Temporary Injunction application vide Civil Case No.39/2010 filed by the plaintiff petitioner under Order 39 Rule 1 and 2 CPC. 3. Mr. Nikhil Dungawat appearing on behalf of Dr. P.S. Bhati, learned counsel for the petitioner-plaintiff submitted that the defendant-respondent No.1 had no "Patta" over the land in question and, therefore, the permission of construction sought by it for construction of building on the land in question vide Resolution of Gram Panchayat- Khiwandi Annex.6, in which building, admittedly the Govt. Girls School was operating for last 50 years, was on the land not belonging to defendant-respondent No.1; and therefore, it was a land belonging to village people, for which the plaintiffs petitioners had filed the suit in representative capacity seeking injunction against the defendant-respondent No.1. In the aforesaid suit seeking injunction against the defendant-respondent No.1, the learned trial court had granted temporary injunction vide the order dated 30.04.2011, however, the learned lower appellate court by the impugned order dated 25.11.2011 allowed the appeal of the defendant and rejected application of temporary injunction of the plaintiff; and being feeling aggrieved by the same, the plaintiff has preferred this writ petition under Article 227 of the Constitution of India. 4. On the other hand, Mr. Sandeep Shah, learned counsel for the defendant-respondent No.1 urged that school building in question was constructed by the defendant only and was given for the said purpose to Education Department of the State Government about 50 years back, however, in the year 1995 in a suit for eviction filed by the defendant against the Education Department vide Suit No.30/95, and the defendant obtained a decree of eviction against the Education Department and obtained possession of said plot of land in question, over which the new construction demolishing the earlier building was undertaken by the defendant-respondent No.1, which was in advance stage of completion. He also submitted that on another plot of land alotted in favour of Girls school by the said Gram Panchayat on 13.10.2010 by the Gram Panchayat- Khiwandi, the defendant only has constructed another school building for the Govt. He also submitted that on another plot of land alotted in favour of Girls school by the said Gram Panchayat on 13.10.2010 by the Gram Panchayat- Khiwandi, the defendant only has constructed another school building for the Govt. Girls School for the said village in which the said school is operating for last about 10 years and at present the suit land in question belongs to defendant-society only for which due permission was obtained for raising construction and the plaintiff was unnecessarily trying to interfere with the same by filing present suit having no right, title or interest over the said suit land and consequently in these circumstances, the learned appellate court was justified in rejecting the temporary injunction application filed by the plaintiff vide the impugned order dated 25.11.2011. 5. I have heard learned counsel for the parties at length and perused record and orders passed by both the courts below. The plaintiff-petitioner has produced before this Court a copy of "Patta" (Annex.5) alleged to have been issued by the then Jodhpur State in favour of defendant-respondent, in which the disputed plot of land is shown in the map and on the eastern side of which, the preexisting 'Dharamshala' is shown. The school in question existed on the square of the plot shown in the "Patta". The petitioner-plaintiff upon a query from the Court, could not explain from where, he had obtained the copy of this "Patta" No.93, Missal No.393 dated 26.02.1963. 6. Be that as it may, even if this evidence was not on record before the learned court below, prima-facie, a look at the said document indicates that "Patta" in question came to be issued in favour of defendant-Society for the said land for which the due permission to raise construction has been granted by the Gram Panchayat- Khiwandi in the minutes dated 20.08.2009 (Annex.6). The said permission also notices that permission is being granted on the basis of registered "Pattasud" plot of land produced by the applicants. 7. The said permission also notices that permission is being granted on the basis of registered "Pattasud" plot of land produced by the applicants. 7. This coupled with the context of the earlier suit No.30/95 filed by the defendant against the Education Department and having obtained the vacant possession of the suit land from them; and also the fact that another school building was constructed by the defendant on duly allotted land in favour of Education Department by the same Gram Panchayat on 13.09.2000 in the same Village- Khiwandi, on which the defendant is said to have constructed another Girls' School, which is being used in that manner for last ten years, prima-facie, it appears that the plaintiff having no right, title or interest over the suit land, and they are unnecessarily interfering with the peaceful possession of the defendants on the suit land. Considering all these relevant facts, the learned lower appellate court has rightly rejected the temporary injunction application filed by the plaintiffs and no interference in the same is called for in the writ jurisdiction under Article 227 of the Constitution of India. 8. In view of above, the present writ petition of plaintiffs is found to be devoid of any merit and the same is hereby dismissed without any order as to costs. Copy of this order be sent to learned trial court and appellate court below forthwith.Petition dismissed. *******