SRI. SRI GARBESWAR MAHADEB REPRESENTED BY SEBAIT SRI. PRABODH CHANDRA SINGHA Vs. SRI. ANANDA MUNDA AND OTHERS

JUDGEMENT

(1.) The present revisional application has been preferred against refusal of ad interim injunction by the appellate court, the appeal having been preferred against a refusal of ad interim injunction, in turn, by the trial court.

(2.) The plaintiff/petitioner being a deity represented by one of its shebaits, filed the suit for declaration of title of the deity in the suit property, for permanent injunction restraining the principal defendant defendants/opposite party nos.1 to 8 from disturbing the peaceful enjoyment and possession of the plaintiff in respect of the suit property and for consequential reliefs.

(3.) The trial court, while refusing ad interim injunction as prayed for by the plaintiff/petitioner in terms of the prayer for permanent injunction in the suit, came to a finding that the plaintiff filed some documents, such as original power of attorney, extracts of the records of right and original khajna receipts, which apparently went on to show the possession of the plaintiff, prima facie, in respect of the suit property. However, the trial court refused to grant ad interim injunction on the premise that the plaintiff did not file any document revealing that the defendants were fishing and erecting a building on the suit property. It was further held that it was not possible to come to any conclusion prima facie that the defendants had no right, title, interest and possession of the suit property as they were residing at the same village and the subject-matter of the instant suit was in connection with a temple which concerned the interest of all the villagers.