DURGAWATI Vs. NAN BAI

JUDGEMENT

(1.) WITH the consent of the parties, the matter is taken up for hearing finally.

(2.) BY this petition filed under Article 227 of the constitution of India, the petitioners challenge the legality and validity of the order dated 29. 07. 05 (Annexure p/7), passed by the IInd Additional District Judge, ambikapur Distt. Surguja, in Misc. Civil Appeal No. 07/05 (Nan Bai Vs. Durgawati and Others) whereby, the learned additional District Judge directed the parties to maintain status quo in mutation proceedings with regard to plaint schedule `a' land as obtained on 27. 09. 2004.

(3.) THE indisputable facts, in nutshell, as projected by the petitioners are that the respondent No. 1/plaintiff filed a suit for declaration and permanent injunction in respect of the half portion of the plaint schedule `a' land. Respondent No. 1/plaintiff, along with the suit, filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short, "cpc") seeking an injunction in respect of the mutation proceedings before the revenue Court in respect of the plaint schedule `a' land. The petitioners/defendants opposed the application on the ground that the mutation proceedings initiated by the petitioners/defendants are on the basis of a Will executed by Lalanram in favour of the petitioner No. 1. Learned Civil judge, Class I, Ambikapur, by order dated 15-2-2005 (Annexure P/6) observed that if the mutation proceedings with regard to the plaint schedule `a' land is stayed, the petitioners/defendants would suffer irreparable loss and the balance of convenience was also held to be in favour of the petitioners/defendants. In appeal against the order dated 15-2-2005, learned IInd Additional District Judge, ambikapur, observed that the plaint schedule `a' land is in dispute and as such the mutation proceedings cannot proceed unless the dispute with regard to the title, ownership of the said land is settled by the civil court and as such the learned appellate Court found that the order of the Civil judge, Class-1 as perverse. Accordingly, learned appellate court quashed the order dated 15-2-2005 (Annexure P/6)passed by the Civil Judge, Class I, and granted status quo in mutation proceedings with regard to the plaint schedule `a' land. Thus, this petition.