JAI SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 21/01/2020 (Annexure P/1) passed by 7th Additional District Judge, District- Guna (M.P.), whereby application filed by the petitioner/plaintiff under Order 39 Rule 1 & 2 of CPC has been rejected.

(3.) The brief facts leading to filing of this case are that petitioner/plaintiff had filed a suit for declaration and permanent injunction in respect of land in question bearing Survey No.435 area 60420 hectare with the pleadings that land in question is in the occupation of the petitioner since long and earlier his predecessors was in possession of the land since 1968. The petitioner is cultivating the land and he has perfected his title based on adverse possession. On 01/11/2014, when the petitioner was cultivating the land, then Patwari of the area came on the spot and asked the petitioner to hand over the possession or else the same shall be removed by using force. Later on, notice was sent by the petitioner under Section 80 of Code of Civil Procedure and thereafter, suit for declaration and permanent injunction has been filed alongwith application under Order 39 Rule 1 & 2 of CPC. The trial Court, during pendency of the suit, had granted the injunction in favour of the petitioner. Ultimately, the suit came to be dismissed vide judgment and decree dated 19/01/2016. Being aggrieved by the judgment and decree dated 19/01/2016, the petitioner filed a First Appeal No.12/2019 before 7th Additional District Judge, DistrictGuna (M.P.) alongwith an application under Order 39 Rule 1 & 2 of CPC seeking temporary injunction. Thereafter, reply was filed by the defendant/respondent to the application under Order 39 Rule 1 & 2 of CPC. The Appellate Court rejected the application without considering the fact that earlier proceedings under Section 248 of M.P.L.R.C., penalty was deposited by the petitioner and petitioner is in possession of the land in question even today.