PUNJA C DHOTRALE Vs. VITHOBA L DHOTRALE

JUDGEMENT

(1.) The defendant has filed this revision application against the order dated April 13,1978, passed by the learned District Judge, Nasik, whereby he confirmed the order passed by the trial Court refusing to grant temporary injunction, but gave further directions as under :---

(2.) The suit, being Regular Suit No. 88 of 1977, was filed by the plaintiff on April 5, 1977, in the Court of the Civil Judge, Junior Division, Sinnar, claiming perpetual injunction against the defendant on the ground that he was obstructed in possession and cultivation of the suit land. An application for temporary injunction was made. The trial Court prima facie came to the conclusion that the plaintiff failed to establish that he was in possession of the suit land on the date of the institution of the suit. He, therefore, rejected the application for temporary injunction. In an appeal preferred by the plaintiff, the learned District Judge, Nasik held that the claims made out by both the sides are weak, and he felt that both the parties should not indulge in such an activity by claiming to be in possession of the suit land. It is after this conclusion that the order indicated above was passed by the learned District Judge.

(3.) The defendant has challenged the order pertaining to the appointment of Receiver, which is indicated earlier.