GOBINDA KOLEY Vs. BUDHADEB HAZRA

JUDGEMENT

(1.) The short question that has been raised in this revisional application is whether the learned Appellate Court below could grant an order of injunction in favour of the plaintiffs/opposite parties restraining the petitioner from disturbing the plaintiffs' alleged possession of an open land without ascertaining as to whether the plaintiff was in possession of such land.

(2.) The plaintiffs' application under Order 39 Rules 1 and 2 made in a suit seeking declaration and injunction in respect of immovable property, was dismissed. The appeal was allowed by restraining the defendants from interfering with the plaintiffs' possession of the suit property.

(3.) The Appellate Court's criticism of the trial Court's order is found in the following lines: -