ASHOK KUMAR PATEL Vs. RAM NIRANJAN DUBEY

JUDGEMENT

(1.) THROUGH this petition filed under Article 227 of the Constitution of India the petitioners have challenged the order dated 28-9-2006 passed by the II Civil judge Class II, Mauganj, District Rewa in Civil Suit No. 55-A/04 by which while deciding the application under Order 39 Rules 1 and 2 of the Code of Civil procedure (for short 'cpc') he has issued a commission for investigating the facts as to (i), who is in possession of the suit land, (ii) who is raising construction on it or on the part of it and (iii) as to how many plots are situated on the disputed land.

(2.) SHORTLY, stated the petitioners/plaintiffs filed a suit for declaration and injunction against the respondents. In the said suit the petitioners also filed an application under Order 39 Rules 1 and 2 of the CPC for grant of temporary injunction praying therein that during the pendency of the suit the respondents/defendants be restrained from interfering with their possession and enjoyment of the suit land and be also restrained from making construction or alienation of the suit property or any part thereof.

(3.) IN the reply of the said application for temporary injunction the respondents/defendants denied the averments made by the petitioners.