BANSI RAGHO BARAHATE Vs. SEWAKRAM BANSI BARAHATE

JUDGEMENT

(1.) This is a revision application under Section 115 of the Code of Civil Procedure, 1908, by the original defendant No. 1 against the order dated 3-12-1976 passed by the learned Assistant Judge, Nagpur in Miscellaneous Civil Appeal No. 50 of 1976 confirming the order dated 25-3-1976, passed by the III Joint Civil Judge, Junior Division, Nagpur, in Regular Civil Suit No. 198 of 1976 granting the application for temporary injunction filed by the original plaintiff.

(2.) The plaintiff is the son of defendant No. 1 and he filed the suit for partition and separate possession of joint Hindu family property. So far as the present revision is concerned, the dispute relates to 2.50 acres of land of Survey No. 105/2 of village Parsodi. The defendant No. 1 had filed an application under Section 145, Criminal Procedure Code, in the Court of the Sub-Divisional Magistrate, Nagpur, alleging that he was dispossessed by his son the plaintiff two months next before the filing of that application. The S.D.M. by his order dated 19-11-1975 found that the defendant No. 1 was entitled to possession of this land as he was dispossessed by the plaintiff within 2 months next before the filing of that application. The plaintiff had preferred Criminal Revision Application No. 110 of 1975 against the said order of the S.D.M. before the Sessions Judge, Nagpur, who by his order dated 23-2-1976 confirmed the order passed by the S.D.M.

(3.) The plaintiff just 3 days before the order passed by the Sessions Judge in the earlier proceedings filed the present suit on 22-7-1976 for partition and separate possession. He filed an application under Order 39, Rule 2, C.P.C. read with Section 151, praying that the defendant No. 1 be restrained from taking possession of the land in question in execution of the order passed by the S.D.M. and confirmed by the Sessions Judge.