BADAM SINGH Vs. BINDABAI AND OTHERS

JUDGEMENT

(1.) HEARD on the question of admission and perused the record. This Civil Revision under Section 115 of the Code of Civil Procedure, 1908 is directed by the revisionist/non -applicant/plaintiff against the impugned order dated 19/05/12 passed by the learned I Civil Judge, Class -II, Vidisha in MJC No. 01/12 whereby an application under Section 5 of the Limitation Act, 1963 of the respondents/applicants/defendants has been allowed and the parties are directed to maintain status quo.

(2.) Learned counsel for the revisionist contended that the impugned order dated 19/05/12 passed by the learned Trial Court is erroneous as it has not considered the effect of the order sheets dated 09/11/11 to 25/02/12 of the revenue Court wherein the presence of Kevalkishan and Girjabai is mentioned. Further, without submitting the application seeking interim relief, the learned Trial Court has granted the same on a oral prayer and that too without considering the fact that the application thereof was rejected earlier. On these grounds, learned counsel prayed for setting aside the impugned order.

(3.) LEARNED counsel in support of his contention has cited the cases of D. Gopinathan Pillai Vs. State of Kerala and another, : (2007) 2 SCC 322 and Lanka Venkateswarlu (dead) by Lrs. Vs. State of A.P., and others,, 2011(3) MPLJ 135.