GANESHA Vs. JAGANNATH

JUDGEMENT

(1.) Heard on the question of admission through video Conferencing.

(2.) This Misc. Petition under Article 227 of the Constitution of India has been filed against the order dated 13-3-2020 passed by 1st Add. District Judge, Mugawali, Distt. Ashoknagar in M.C.A. No. 2/2018 by which the order dated 10-4-2018 passed by 3rd Civil Judge Class 2 Mungawali, Distt. Ashoknagar in C.S. No. 65A/2017 has been affirmed, by which a temporary injunction has been issued against the petitioner.

(3.) The facts of the case are that the petitioner filed a suit for declaration of title and permanent injunction on the ground that earlier the land bearing survey no. 6/17 area 10e.045 hectares was a Govt. land and in samvat 2013, the said land was given to the petitioner on lease and from thereafter, he is in cultivating possession of the same. ON 15-4-2017, the defendant extended a threat that the petitioner should not cultivate the land and the land has been transferred in his name. Thereafter, on verification, it was found by the petitioner, that the respondent no.1, in connivance with the revenue authorities has got his name mutated in the revenue records. An application for grant of temporary injunction was also filed by the petitioner.