SITAL DAS RAKYAN Vs. JAIN KHARTARGACHH SANGH

JUDGEMENT

(1.) This is an application made by defendant Nos. 1 and 2 under the provision of Order 39 Rule 2A, CPC and also another application under Order 39 Rule 2A, Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking action against the plaintiffs for flouting the orders of the Court passed on 2nd March, 2001 to the effect that status quo in respect of the property in question be maintained. It is the grievance of defendant Nos. 1 and 2 that despite such order, the plaintiff No. 1 has started construction in the suit property.

(2.) Plaintiffs have filed reply to this application denying the allegations made in the application and further denying that the plaintiffs were prohibited from making any construction or renovation in the suit property in question i.e. temple.

(3.) I have heard learned Counsel for the parties onboth the applications. For the purposes of dealing with these applications it is essential to look into the plaint. Plaintiff filed a suit seeking permanent injunction against the defendants restraining them from entering upon the suit property and also from interfering with or trying to take possession of the suit property. Plaintiffs claimed physical possession of the property of the Dadabari Temple i.e. the suit property under the control of plaintiff No. 2 i.e. the trust. Plaint further speaks that defendants have been trying to interfere with the peaceful possession, management and the control of the suit property. Reading of the plaint in entirety shows that the plaintiff apprehended dispossession at the hands of the defendants and therefore, necessity arose for filing the instant suit.