AHMADI KHANAM Vs. IIIRD ADDL DISTRICT JUDGE GONDA

JUDGEMENT

(1.) PRADEEP Kant, J. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India, praying for issuance of a writ in the nature of certiorari for quashing the judg ment and order dated 1- 11-1999 passed by the learned Illrd Additional District Judge, Gonda, contained in Annexure-3 to the writ petition. The preliminary objection was raised by the opposite parties that the petition under Article 226 of the Constitution is not maintainable therefore, I have treated this petition under Article 227 of the Con stitution.

(2.) THE plaintiffs-petitioners had filed a suit with respect to certain properties alleged ly inclusive of agricultural and residential properties against defendants-opposite parties 3, 4 and 5 and that suit was in stituted on 7th September, 1999. An ap plication under Order 39 read with Rules 1 and 2 of the Code of Civil Procedure was also filedalongwith the plaint on the same day.

(3.) THE trial Court on the said applica tion passed an order for maintaining status quo. After passing of the said order on that very day, another application was moved by the plaintiffs- petitioners purporting to be under Section 151, CPC of the Code of Civil Procedure indicating therein that the order of status quo is vague and injurious and, therefore, the defendants be restrained from dispossessing the plain tiff- petitioners or interfering in their peaceful possession. A prayer was also made that the order passed earlier on the application under Order XXXIX Rules 1 and 2 read with Section 151, CPC be modified accordingly and the defendants be directed not to disturb the possession of the plaintiffs-petitioners. This application was allowed on the same day by the trial Court by means of the order of the same day and the temporary injunction was granted directing the defendants not to interfere in the peace ful possession of the plaintiffs. THE first order which was passed on 10th September, 1999 directing the defendants to maintain status quo has been brought on record as Annexure C-13 to the counter- affidavit. THE petitioners have not filed the said order. THE order by means of which the earlier order of status quo was modified and sub stituted by an order of temporary in junc tion has been brought on record as An-nexure-1 to the writ petition.