RAMPYARIBAI SUKHDEO DAGA Vs. NILADEVI NARAYANDAS JAKHOTIYA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of parties.

(2.) By the present petition, the petitioners have challenged the order dated 21-3-2006 below Ex. 66 in Regular Civil Suit No. 436 of 1998 refusing to review the order below Ex. 58 dated 12-1-2006 passed by the 7th Joint Civil Judge, Jr. Dn. , Amravati. There is a further prayer in the writ petition to direct the trial court to decide the application (Ex. 37) under Order 39, Rule 2-A of the Civil procedure Code before deciding the suit on merits along with other issues.

(3.) The petitioners filed Regular Civil Suit No. 436 of 1998 for declaration, possession and injunction with respect to 32 gunthas of land and a house thereon at Amravati and plot No. 5, Sheet No. 64 known as "vijay Bagh" against the respondents. In the suit, an application for grant of temporary injunction was also filed. On that application, on 25-9-1998 the trial Court issued ex parte interim injunction against the respondents which was extended from time to time till 26-10-1998 and the parties were directed to maintain status quo till the decision of the application (Ex. 5) for temporary injunction. According to the petitioners on 18-10-1998, though the order of temporary injunction was in operation, the respondents along with other 25-30 goondas came to the disputed premises at about 8. 30 p. m. and forcefully entered the premises and removed the board of "vijay Bagh" and also constructed two tin-sheds in the open land and threatened petitioner No. 2 and his family members. The petitioner, therefore, on 26-10-1998 filed an application under Order 39, Rule 2-A of Civil Procedure Code for breach of injunction which was granted by this Court on 25-9-1998 and continued till 26-10-1998. With these averments the said application was filed and it remained pending in the trial Court as, according to the petitioners, the records were lying with the appeal that was filed and the cases were transferred from time to time to various Courts.