SHIVRAJ SINGH Vs. RAGHUVEER

JUDGEMENT

(1.) HE is heard on the question of admission.

(2.) ON behalf of the petitioner this petition is preferred under Article 227 Constitution of India, being aggrieved by the order dated 5.3.2014 passed by 4th Additional District Judge, Sagar in Misc. Appeal No. 5/14, affirming the order dated 29.10.2013 pass by 1st Civil Judge, Class -II, Sagar in COS No. 93 -A/13, whereby his application filed under Order 39 Rule 1 and 2 of CPC for issuing ad -interim injunction against the respondent/defendant restraining them to interfere in his possession of the disputed boundary wall till final disposal of the suit has been dismissed.

(3.) AS per case of the plaintiff/petitioner the disputed property was purchased by the petitioner from the father of the respondent in the year 1951 through some unregistered sale deed and since then he is coming in possession of the same and till filing the impugned suit he remained in possession but the respondents started illegal activities to demolish the boundary wall, on which the petitioner has filed the impugned suit along with the impugned application under Order 39 Rule 1 and 2 of CPC with the aforesaid prayer for issuing ad -interim injunction against the respondents. The same was defended by the respondents on the ground that such property was never sold to the petitioner by his father through any admissible document and averments of the petitioner stated in the suit as well as in the application were denied. It addition to it, it is also stated by the respondents that they were coming in possession of the disputed property from the time of their father and such possession was never handed over to the petitioner and in such premises, it was stated that there is no prima -facie case or balance of convenience in favour of the petitioner with further averments that even on not issuing any interim injunction no irreparable injury would be caused to the petitioner in pendency of the suit. The parties have also filed their respective documents before the Courts below.