HADIANI BEWA AND 5 ORS. Vs. BABAJI SAHOO

JUDGEMENT

(1.) THIS application has been filed on behalf of the Defendants. It arises out of an interlocutory order passed on 1 -11 -1961 in a suit which is still pending for disposal. There was an application filed by the Plaintiffs in that suit, under Order 39, Rule 1, Code of Civil Procedure, praying to restrain the Defendants from making constructions on the land in suit. Originally there was an ex -parte order passed allowing interim stay. Thereafter the matter was heard in the presence of the parties and the application for stay was finally disposed of by the aforesaid order dated 1 -11 -1961. That order read as follows:

(2.) THE trial Court, on hearing the parties, came to the conclusion that there was no Disobedience committed by the Defendants and accordingly it dismissed the petition filed on be -half of the Plaintiffs. Against that order there was an appeal taken by the Plaintiffs. The lower appellate Court in dealing with the petition, has observed: