PADAMCHAND Vs. ASHOK

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the order dated 17. 11. 2008 passed by Sixth Additional District Judge, Gwalior in Civil Suit no. 21 -A/2006. By the impugned order the trial Court allowed the application for injunction under Order 39 Rules land 2 CPC.

(2.) THE present case has a long history. Initially, in the year 1982 Haridas filed a suit for declaration, possession and mesne profits against the appellants-defendants. He pleaded that he is the owner of a house, situated at Sarafa Bazar, lashkar. As per the plaintiff, he purchased the suit house on 07. 04. 1964 in an auction proceedings conducted by the Court in pursuance to the execution of a decree in Execution case No. 29/56/1963. The sale was confirmed on 16. 08. 1973 and a sale-certificate was also issued in favour of the plaintiff on 30. 08. 1973. Because, at that time, the house was in possession of tenants, hence, the plaintiff had been given symbolic possession of the house. In the year 1979 the defendants have taken possession of two rooms on ground-floor forcibly, hence, the plaintiff prayed a decree for possession, mesne profits and declaration.

(3.) THE defendants denied the claim of the plaintiff. They pleaded that they had been possession over the suit house. They further pleaded that earlier bulakhidas filed a suit with regard to possession of the house. The aforesaid suit was registered as Civil Suit No. 3 of Samvat 91. When Bulakhidas died, Pattobai, his widow, contested the suit. At that time, forefathers of the defendants had been in possession of the house. Since then they had been in possession of the suit house. The father of defendant Gulabchand had cordial relations with the family of plaintiff, hence, the plaintiff participated in the auction proceedings on behalf of the defendants and the money was paid by the defendants. Thereafter, vide an agreement dated 28. 02. 1983 the plaintiff and defendants appointed arbitrators, Balkishan, Namonarayan, Phoolchand and Mahavir Prasad for deciding the dispute. The Arbitrators handed over their award on 15. 09. 1983.