MATA PRASAD AND OTHER Vs. MAHESHKUMAR AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) The present petition under Article 227 of the Constitution of India has been preferred by the petitioners, challenging the order dated 28.4.2015 passed by learned Additional District Judge, Lahar District Bhind in Miscellaneous Appeal No.06/2015 whereby the order dated 15.4.2015 passed by the First Civil Judge Class -II, Lahar District Bhind in Civil Suit No.4-A/ 2014 has been confirmed by which the application filed by the petitioners under Order XXXIX rules 1 and 2 of CPC has been rejected.

(3.) According to learned counsel for the petitioners, the Courts below have erred in passing the impugned orders, rejecting the application preferred by the petitioners/plaintiffs for injunction under Order XXXIX rules 1 and 2 of CPC. The petitioners have instituted a suit for title, permanent injunction and correction of entries against the present respondents/defendants in respect of survey Nos.4767,4768 and 4769 situated at Mauja Lahar, Tahsil Lahar District Bhind. Along with the plaint, an application under Order XXXIX rules 1 and 2 of CPC was also preferred. The respondents contested the claim of the petitioners. The trial Court after considering the contesting claims, have rejected the application so preferred by the petitioners/plaintiffs under Order XXXIX rules 1 and 2 of CPC on the ground that survey number as indicated by the plaintiffs nowhere indicate that the land belongs to the petitioners/plaintiffs. Neither title nor ownership in any manner has been treated to be of the plaintiffs, therefore, the application got rejected.