HARISH CHANDRA Vs. P.K. DWIVEDI

JUDGEMENT

(1.) FEELING aggrieved by the impugned order dated 13-8-2002 passed by 10th Additional District Judge, Bhopal in Civil Suit No. 84-A/2002, whereby the application for issuance of temporary injunction filed by the plaintiff has been rejected, this appeal has been preferred by plaintiff under Order XLIII, Rule l(r) of the Code of Civil Procedure, 1908.

(2.) A suit for declaration and permanent injunction in respect to Plot No. 3, situated in Khasra No. 255 of village Narela Shankri, P.H. No. 19, Tahsil Huzur, District Bhopal has been filed by the plaintiff praying therein a declaration that he is owner of the suit land. Further a decree for permanent prohibitory injunction is sought against the defendants and in favour of plaintiff thereby restraining the defendants from interfering with the physical possession as well as in construction activities of the plaintiff over the suit plot either himself or through his associate, agent, employees etc.

(3.) ON bare perusal of the plaint as well as averments made in the application for issuance -' -of temporary injunction it is gathered that plaintiff bought the suit plot vide'Vegistered sale -deed dated 30th August, 1974 from Pribhdas son of Adumal -for a consideration of Rs. 300/ - and the physical possession was also delivered to the vendee/plaintiff. However, defendants are trying to dispossess the plaintiff from the suit plot and hence relief of temporary injunction has been sought.