LALA RAM Vs. HARI KANT AND OTHERS

JUDGEMENT

(1.) Heard Shri R.K. Pandey holding brief of Sri R.D. Mishra, learned counsel appearing on behalf of the petitioner defendant and Sri S.K. Mehrotra, learned counsel appearing for the plaintiff respondents. This petition under Art. 226 of Constitution of India has been filed against the judgment and order dated 11.11.2005 of the appellate Court.

(2.) In a suit for permanent injunction the trial court had refused the prayer made for grant of temporary injunction under Order 39, Rules 1 and 2, C. P.C. against which an appeal was preferred before the court below and after hearing the parties, the appeal was allowed and temporary injunction has been. granted in favour of the plaintiff respondents.

(3.) The plaintiffs have come with a case that they happen to be the owners of disputed plot to the extent of 1/2 share in it and the defendants have remaining 1/2 share of that property. The ownership of the parties is continuing jointly. However, the relief claimed in this petition is on the basis that the possession of the property, which is being held by the plaintiffs, is threatened to be disturbed by the misconduct on the part of the defendant.