RAM LAL Vs. MEDILAL

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioners/defendants are challenging the validity of the impugned order dated 31.7.2012 passed by learned 7th Additional Sessions Judge, Rewa in Misc. Civil Appeal No. 19/2012 whereby the order dated 29.11.2011 passed by learned Civil Judge, Class II, Teonthar in Civil Suit No. 57-A/11 dismissing the plaintiffs' application under Order 39 Rules 1 and 2 CPC has been reversed and set aside and the application for temporary injunction has been allowed.

(2.) The plaintiffs filed a suit for declaration and injunction in respect to certain immovable property interalia the description whereof is mentioned in the plaint and it also consists of two shops. Since plaintiffs/respondents were under an apprehension that they will be dispossessed, eventually they filed an application for issuance of temporary injunction before learned trial Court on the averment that they are in possession of the disputed property and, therefore, the defendants be restrained from interfering in their possession.

(3.) The defendants by filing reply of the said application refuted the plaint averments and pleaded that except two shops, the plaintiffs are not possessing rest part of the suit property. The learned trial Court rejected the application of temporary injunction. The first appeal which was filed by plaintiffs/respondents has been allowed and the defendants/petitioners have been restrained from interfering in the possession of the respondents.