DHARMDEV SINGH RAJPUT Vs. KAVINDRA SINGH

JUDGEMENT

(1.) Feeling aggrieved by the order dated 16.2.2009 passed by learned Third Additional District Judge, Vidisha, in Misc. Civil Appeal No. 29/2008, whereby the order dated 21.8.2008 passed by learned Second Civil Judge, Class II, Vidisha, in civil suit No. 69-A/2008 allowing the application of temporary injunction of plaintiff has been reversed and the appeal of defendants 1 and 2 has been allowed by dismissing the application for issuance of temporary injunction of plaintiff, this petition under Article 227 of the Constitution of India has been filed by the plaintiff/petitioner.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of disposal of this petition. Suffice it to say that a suit for declaration in respect to certain agricultural lands, which are the subject matter of the suit, has been filed by the plaintiff/petitioner praying that the suit land is of Joint Hindu Family and the plaintiff is having 1/2 share in it. A relief of injunction has also been sought that a decree of injunction be issued against defendants 1 and 2 restraining them to alienate the suit property in any manner.

(3.) An application for issuance of temporary injunction under Order 39 Rule 1 and 2 of CPC has also been filed by the plaintiff praying in it that till the decision of the suit, defendants 1 and 2 be restrained from alienating the suit property.