GOVINDBHAI RAMJIBHAI CHAUHAN Vs. GOKULCHAND JUTHALAL AGRAWAL

JUDGEMENT

(1.) The plaintiff Govindbhai has filed the present revision application under section 115 of the Code of Civil Procedure aggrieved by the order dated 14-9-1991 passed by the IInd Additional District Judge, Amravati, in Misc. Civil Appeal No. 144 of 1990, Gokulchand v. Govindbhai and another whereby he vacated the temporary injunction order granted by the Civil Judge, Senior Division, Amravati on 1-11-1990 Reg. Civil Suit No. 368 of 1990.

(2.) Shorn of unnecessary details, it may be observed that in the suit for declaration and injunction filed by plaintiff on 28-2-1990 relating to Nazul Plot No. 285/1, Sheet No. 81-D within the limits of Municipal Corporation, Amravati, admeasuring 120 sq.ft. the trial Court after holding that the plaintiff's possession cannot be said to be or deemed to be a possession as trespasser or in the capacity of as an encroacher over the disputed land and also finding prima facie case, irreparable loss and balance of convenience in favour of the plaintiff-applicant, directed the defendants to maintain status quo until disposal of the suit.

(3.) Aggrieved by the order of status quo, the defendant No. 2 Gokulchand filed an appeal before the IInd Additional District Judge, Amravati. The said Appellate Court after hearing the learned Counsel for the parties tentatively found that the plaintiff was in unauthorised occupation of the said land and, therefore, being a trespasser and wrong doer cannot be allowed to continue his wrongful possession and no injunction can be granted in his favour and consequently allowed the appeal filed by the defendant No. 2 and set aside the order of status quo passed by the trial Court on 1-11-1990.