ARAJ BAI Vs. KAINA BAI

JUDGEMENT

(1.) This writ petition has been preferred against the order dated 01/02/2019 passed by the Additional District Judge, Bemetara in Miscellaneous Civil Appeal No. 3-A/2018 by which petitioners' application under Order 39 rule 2 (A) of the CPC has been rejected.

(2.) Learned counsel for the petitioners submits that though interim order was granted on 28/07/2018 by the trial Court, according to the petitioners, the said interim order has not been complied with and construction is being raised by respondent No. 1 and as such, the first appellate Court is absolutely unjustified in rejecting the application of the petitioners.

(3.) I have heard learned counsel for the petitioners, considered his submissions and went through the records with utmost circumspection.