ALAKNANDA AWASTHI Vs. DURGA PRASAD UPADHYAY

JUDGEMENT

(1.) This petition is under Article 227 of the Constitution of India assailing the validity of order dtd. 10/12/2022 (Annexure-P/8) passed in Miscellaneous Civil Appeal No.256/2022 [Durga Prasad Vs. Tejilal and others] by the Court of District Judge (Fourth), Jabalpur, M.P. granting injunction in favour of respondent No.1/plaintiff by modifying the order passed by the Court of Eighth Civil Judge, Senior Division, Jabalpur on 27/9/2022 (Annexure-P/7) whereby an application filed by the plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure had been rejected by the trial Court.

(2.) The exposure of facts in brief are that respondent No.1/plaintiff had filed a suit for declaration and permanent injunction against the petitioner and other respondents stating therein that being the owner of land situates at Mouja Lamheti, Settlement No.644, P.C. No.36, Tahsil and District Jabalpur bearing Khasra No.47/1 with area admeasuring 2.7300 hectares, he is in possession of the said land.

(3.) The impugned order dtd. 10/12/2022 (Annexure-P/8) has been assailed in this petition mainly on the ground that when both the Courts have found that the petitioner/defendant No.2 is in possession of the land, then granting injunction restraining the petitioner and other respondents from creating any third party right is not proper.