Rajasthan Municipalities Act, 2009–Sec. 194(5)–Code of Civil Procedure, 1908–Sec. 91 r/w. Order 1, Rule 8, Order 39, Rules 1 & 2 & Order 39, Rule 7 –Permission for construction–Suit for quashment of same and for granting the permanent injunction–Trial Court allowed the application under Order 39, Rules 1 & 2 & Order 39, Rule 7 and issued the direction for not allowing the construction against the law and regulations–Order was set aside by appellate Court–Instant writ petition–Petitioners are neither the effected party nor they are having any claim over the suit land–Even they are not the neighbours of the private respondents–View of appellate Court that invocation of provisions of Order 39, Rules 1 & 2 was not required as the alternative remedy u/s. 194(12) was available–View of appellate Court was justified in saying that it was not a fit case on merits for which the petitioners could have enjoy the temporary injunction–Interference declined.
