KHAKAN MOHD. KHAN Vs. SIKANDER KHAN

JUDGEMENT

(1.) THIS civil revision by the defendant is directed against the order dated 13.4.2006 passed by 4th Additional District Judge, Ratlam, allowing the Miscellaneous Appeal under Order 43 Rule 1 (r), CPC.

(2.) NON -applicants No.1 and 2 had instituted a civil suit against the present applicant' along with an application for temporary injunction against encroachment on the road particularly shown in the suit map. Trial Court granted the temporary injunction which was confirmed by lower appellate Court vide order dated 21.8.1991. Plaintiffs filed an application under Order 39 Rule 2A for taking action against appellant for breach of the injunction order. Trial Court by order dated 24.12.2005 rejected the application. Said order was challenged by non -applicants in Misc. Appeal before the Court below. By the order impugned, Court below allowed the appeal and directed attachment and auction of appellant's house and ordered appellant to undergo three months' civil imprisonment. Hence this revision.

(3.) AFTER having heard learned counsel for parties, this Court is of the view that the preliminary objection raised by non -applicants -plaintiffs must be sustained in the light of law laid by the Devision Bench in Surajmal (supra).