MANGROOLAL MARAR Vs. JHADULAL

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioners are challenging the validity of order dated 30.01.2012 passed by Second Additional District Judge, Balaghat in Misc. Civil Appeal No.1/2011 whereby order of 4 th Civil Judge, Class-II Balaghat in Civil Suit No.116/2011 dated 20.10.2011 has been reversed and set aside and the order by which application for temporary injunction filed by plaintiffs was allowed, has been set aside.

(2.) The plaintiffs filed a suit for declaration and injunction in respect of certain agricultural land, the description whereof has been mentioned in the plaint, on the averments that mother of plaintiffs namely Chamharin Bai purchased the land from Dharmu S/o. Ambar and Devaji S/o. Gaundu on 21.03.1979 and obtained the possession of the land in question. Since then the plaintiffs are in possession and cultivating the land. However, the defendants Jhadulal and Jhanaklal who are sons of Devaji (one of the vendors of plaintiffs) and other two defendants who are their family member are creating hindrance and thus present suit has been filed.

(3.) An application for issuance of temporary injunction has also been filed by the plaintiffs praying that defendants be restrained from interfering in their possession.