CHANDRA PRAKASH AND OTHERS Vs. CIVIL JUDGE

JUDGEMENT

(1.) BY the present writ petition the petitioner has challenged the order dated 31.7.2003 passed by the Civil Judge (Senior Division), Dehradun. The brief facts giving rise to the present writ petition are that the petitioners claim themselves to be the owners in possession of agricultural land measuring about 2 acres abutting Sharanpur road and G.M.S. Road surrounded by pukka boundary walls having entry gates along the roads, in village Niranjanpur, Pargana Central Doon, District Dehradun. The entire property in dispute was given to the petitioners in a family arrangement entered among the members of family of petitioners on 17.4.1984. The said family arrangement was confirmed in Civil Suit No. 171 of 1989 Chandra Prakash v. Smt. Narain Devi, decided on 14.8.1991 by the IInd Additional Civil Judge, Dehradun.

(2.) THE petitioners have filed suit being Suit No. 347 of 2003, Chandra Prakash v. Nagar Nigam claiming permanent injunction in the property in dispute. Application for interim injunction was also filed. The learned Civil Judge, Dehradun has granted interim injunction on 25.6.2003. The injunction granted by the Civil Judge was to the following effect:

(3.) IN order to bring on record the high handedness of the respondents an application paper No. 49 -C was moved for restoring status quo on 11.7.2003. Apart from the aforesaid application petitioner have also filed application for inspection of the spot.