RAMKISHAN SHARMA Vs. MAHENDRA AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 27.02.2017 passed in appeal (Misc. Civil Appeal No.200013/2016) filed under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (for brevity "Code") affirming the rejection of an application preferred under Order 39 Rule 1 and 2 of the Code by the Trial Court by its order dated 17.10.2016 in Civil Suit No.47-A/2015.

(2.) The petitioner/plaintiff filed a suit for permanent/prohibitory injunction seeking restraint of respondents No.1 to 10/defendants from causing any hindrance on the way situated over Survey No.54, 67 and 60 at village Rajpur, District Datia (M.P.) on the plea that respondents No.1 to 10/defendants in collusion with the revenue authorities at the time of settlement got Survey No.29/3 [New No.67/1] entered as public way which being in the ownership and possession of the plaintiff/petitioner and as a matter of fact the public way is on Survey No.54, 57 and 60. It is further contended therein that the petitioner/plaintiff applied for correction of the revenue entries invoking the provisions contained under 107 of the M.P. Land Revenue Code, 1959 whereby the Additional Collector by passing the order dated 22.02.2011 had directed for correction of entries and deleting entry thereon as public way. Further contending that, despite order passed by the Additional Collector, the respondents No.1 to 10/defendants were causing hindrance, to prevent them, petitioner/plaintiff filed the said suit for permanent/prohibitory injunction. Along with the suit an application under Order 39 Rule 1 and 2 of the Code was also filed by the petitioner/plaintiff.

(3.) The injunction was opposed by respondents No.1 to 10/defendants.