BIMAL KUMAR DINDA Vs. SISIR KUMAR BERA

JUDGEMENT

(1.) THIS revisional application is directed against Order no. 32 dated 12th August 2003 passed by the learned Civil Judge, (Junior Division), 2nd Court, Contai, in Title Suit No. 199 of 2003, renumbered as Title Suit No. 115 of 2001, by which an application under Section 151 of the Code of Civil Procedure for implementation of the order of injunction is allowed.

(2.) IN a suit for declaration of title and permanent injunction an application for injunction, which was filed by the opposite parties, was disposed of by directing the parties to maintain status quo with regard to the nature and character of the suit land till disposal of the suit.

(3.) IT appears that the reason, assigned by the trial Court, for non acceptance of the report filed by the Commissioner, who was appointed at the behest of the defendant/petitioner, is that the same was not in conformity with the Records of Right produced by the parties before the trial Court. The trial Court has come to a positive finding that in between two inspections held by the same Commissioner, there has been obstruction in respect of -Ka- schedule property.