BHAGWANTI Vs. ANNA @ APPA

JUDGEMENT

(1.) THIS revision is directed against the order dated 24.3.1994 passed by Shri G.L. Sutrakar. Addl. Judge to the Court of District Judge. Khandwa at Burhanpur in Miscellaneous Civil Appeal No. 12/92, whereby the lower appellate Court has reversed the order of the trial Judge refusing to grant temporary injunction under Order. 39, Rule 1 and 2, Code of Civil Procedure. The facts of the connected Civil Revision No. 217/94 are identical and therefore, order passed in this revision shall also govern the disposal of that revision too.

(2.) THE facts of this revision are as follows : -

(3.) ON these allegations, an application under Order 39 Rule 1 and 2 Code of Civil Procedure was filed by the applicants and they sought a temporary injunction to the effect that the non -applicant No. 1 to 8 be restrained from executing the decree obtained by them in the Civil Suit No. 45/62 which is registered as Transfer Case No. 45/62 in the Court of Addl. Judge to the Court of District Judge, Khandwa at Burhanpur. The applicants filed an affidavit of the original defendant. Keshrimal in support of their claim under Order 39. Rule 1 and 2, Code of Civil Procedure. They also filed certain documents in support of their claim for proving their tenancy.