DECEASED MUTRI DHUNI THROUGH LRS Vs. VINOD KUMAR

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By this misc. petition under Article 227 of the Constitution, plaintiffs have challenged the concurrent orders of the two Courts below rejecting the prayer for temporary injunction. Trial Court by order dated 20/11/2018 had rejected the application for temporary injunction filed by the petitioners under Order 39 Rule 1 and 2 of the CPC and the lower appellate Court vide order dated 27/11/2018 by dismissing the appeal has affirmed the order of the trial Court.

(3.) The petitioners had filed the suit for declaration and mandatory injunction along with the application for temporary injunction with the plea that they are the owner of the land in survey No.236 and 239 on which they are doing cultivation but the respondent No.1 in order to grab their land had tried to encroach upon the suit land and construct a drain thereon.