RAGHUNANDAN Vs. KRISHNA BAI

JUDGEMENT

(1.) BY this petition, filed under Article 227 of the Constitution of India the petitioner/plaintiff has challenged the order dated 8.3.2007 passed by the VI Additional District Judge, Bhopal in Miscellaneous Civil Appeal No. 45/07 setting aside the order dated 31.1.2007 passed by the IV Civil Judge, Class I, Bhopal in Civil Suit No. 380 -A/06 granting temporary injunction in favour of the plaintiff/petitioner.

(2.) THE petitioner/plaintiff filed a civil suit for injunction and declaration against the respondents/defendants. As per the plaint averments the suit proeprty is situated at Block Fanda, Tahsil Huzur, District Bhopal and the same is ancestral property of the petitioner and the respondents No. 1 to 12 (defendants No. 1 to 12) and they were in joint possession of it.

(3.) AFTER hearing the parties on the plaintiff's application for temporary injunction the trial Court vide order dated 31.1.2007 allowed the application for temporary injunction and restrained the defendants No. 13 and 14 from interfering into the possession of the plaintiff on the suit land. Feeling aggrieved, the defendant No. 14 preferred a misc. appeal. The said misc. appeal has been allowed vide impugned order by the appellate Court by setting aside the order of temporary injunction passed by the trial Court.