KALPANA Vs. CHANDRAKALA

JUDGEMENT

(1.) Rule. Rule made returnable forth with. Heard by consent.

(2.) By way of present petition, the petitioner impugns the order dated 23rd April, 2007, passed by the learned District Judge-1, Aurangabad, in Misc. Civil Appeal No.10/2006, filed by the respondent No.1, thereby allowing the application of respondent No.1 for temporary injunction.

(3.) The respondent No.1/plaintiff has filed a suit for perpetual injunction restraining the present petitioner and respondents Nos.2 and 3/defendants, from causing any obstruction in her peaceful possession over 10 Acres of land of Southern side portion of Gut No.12 of village Wadgaon Kolhati, Tq. and Dist.Aurangabad. In the said suit, an application for temporary injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, also came to be filed. Same came to be rejected by the learned trial court vide order dated 7th December, 2005.