DHONDIBA MALHARRO NAIK Vs. SHRIRAM RAMCHANDRA AINDALWAR

JUDGEMENT

(1.) IN Regular Civil suit No. 108 of 2001 instituted before the Court of Civil Judge, Senior division, Biloli, the present appellant was the defendant and the suit was filed for declaration of ownership of Block No. 53 and perpetual injunction. A separate application for temporary injunction protecting the possession of plaintiff over Block No. 53 was filed. The said application at exhibit 5 came to be rejected by order dated 9. 1. 2002. The plaintiff, therefore, approached the District Court in Misc. Civil Appeal No. 4 of 2002 which was allowed by the learned Additional District Judge at Biloli by his judgment and order dated 21. 11. 2002.

(2.) BEING aggrieved by the said order, the defendant approached this court in Writ Petition No. 5141 of 2002 which was filed under Article 227 of the Constitution of India and more so, the petitioner was perhaps satisfied that the remedy of revision under S. 115 of the Code of Civil Procedure was not available to him. This Court (Single Bench) rejected the petition summarily as not tenable. The operative part of the order dated 3. 12. 2002 rejecting Writ Petition No. 5141 of 2002 reads thus :

(3.) IN view of he importance of the issues involved, we had also issued notice to the Bar Association of this Bench. S/shri P. K. Joshi and v. T. Coudhary, learned Advocates, have addressed us on behalf of the bar Association.