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Hoshiyar & Ors. vs. State of Rajasthan & Ors.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Application for temporary injunction for restraining to crave the way through the agricultural lands of plaintiffs–Dismissal of–Observation of trial Court that prima facie the way in question has already been declared as gair mumkin rasta–No prima facie case in favour of plaintiffs–Issue up to effect that without acquisition of their khatedari lands, no way can be declared is the subject matter of trial and cannot be adjudicated at this stage–No case is made out for interference.