SHYAMA PRASAD GUPTA AND ORS. Vs. JAYADEEP MOHANTY

JUDGEMENT

(1.) This is an application under Order 39, Rules 2 and 3 read with Sec. 151, C.P.C. filed by the respondents for issuing an order of injunction against the appellants to restrain them from interfering with the peaceful possession over a portion of the disputed land and for permitting the respondents to effect repairs/renovations of the roof in question. The disputed land has been referred to as "Annexe" to the main building in the application for injunction.

(2.) On behalf of the appellants, objection has been filed denying the allegations made in the application for injunction and also asserting that the so-called clinic over which the respondents pray for an injunction is in possession of the appellants where the appellants have started a nursery school and the school is being run over there.

(3.) Before the Trial Court, parties claimed possession in respect of the said portion, the plaintiffs-respondents on the ground that it was a part of clinic, and the plaintiffs father was practise and the defendants claim on the ground that it was a part of the nursery school. Though evidence had been led in the Court below, but there has been no positive finding of the learned Trial Court as to who was in possession over the said annexe which is the subject-matter of dispute in the present application for injunction.