SANTOSH AND OTHERS Vs. M.P. YADUVANSHI SAMAJ

JUDGEMENT

(1.) This miscellaneous appeal has been filed against the order dtd. 23/8/2016 passed by District Judge, Hoshangabad in Civil Suit No.4-A/2014, whereby learned District Judge allowed the application filed by the respondents/plaintiff's of the case under Order 39 rules 1 and 2 of the CPC and directed the appellants/defendants not to sell the suit property during the pendency of the suit.

(2.) Learned counsel for the appellants submitted that the respondents/plaintiffs valued the suit Rs.50,00,000.00 for pecuniary jurisdiction. The suit so valued is triable by Civil Judge, Class-I and the appellants took the plea in their reply and written statement that the District Judge has no jurisdiction to hear the civil suit, but the District Judge without considering that fact, granted the injunction in favour of the respondents/plaintiffs.

(3.) A Division Bench of this Court in the case of Vindhya Telelinks Ltd. v. State Bank of India [1995 JLJ 609=1995 MPLJ 575], observed as under :-