MUNENDRA KUMAR DWIVEDI Vs. RAMJI TIWARI

JUDGEMENT

(1.) THIS is a writ petition under Article 227 of the Constitution of India. The facts are not in dispute. A Civil Suit was instituted by the petitioners which was registered as Civil Suit No. 27 -A of 1991 in the Court of 5th Civil Judge, Class II, Rewa. An application under Order 39, Rules 1 and 2, Code of Civil Procedure was filed before the trial Court by the petitioners. The trial Court passed an order of temporary injunction by an order dated 24 -9 -1991. Against the aforesaid order, the sole respondent who was the defendant in the suit filed an appeal which was registered as Misc. Appeal No. 54 of 1991 in the Court of Third Additional District Judge to the Court of District Judge, Rewa. By an order dated 22 -10 -1991, the appellate Court allowed the appeal of the respondent opposite party and vacated the order of temporary (interim) injunction passed by the trial Court. A copy of the trial Court order has been marked Annexure -P6 to the writ petition. A copy of the appellate order passed by the Additional District Judge in appeal has been marked Annexure -Pl.

(2.) IT is the legality and validity of the order of the lower appellate Court which has been sought to be challenged in this writ petition under Article 227 of the Constitution of India as a civil revision under Section 115, Civil Procedure Code is barred under the M. P. Amendment to Section 115 of the Code. The learned counsel for the plaintiffs/petitioners have pressed upon our attention repeatedly the discussion of the evidence on record by the lower appellate Court in order to convince us that there has been an illegality committed in weighing the evidence of the parties with regard to the question of prima facie title. That was all the more highlighted by the fact that the plaintiffs/petitioners were basing their claim of title upon a registered Will of one Ram Kripal under which they claim to be entitled to the properties of Ram Kripal after his death.

(3.) AS a result, this writ petition is dismissed. The respondent/defendant is entitled to his cost. Hearing fee assessed at Rs. 250/ -.