LAISHRAM INDRAKRISHNA SINGH Vs. THOGAM NABAKUMAR

JUDGEMENT

(1.) Petitioner/Plaintiff, Shri Laishram Indrakrishna Singh, being dissatisfied with the order dated 26/2/2002 passed in Judl. Misc. 111 of 2001 (arising out of O.S.No.33 of 2000) filed this Revision petition along with a prayer for maintaining status quo with respect to the land described in the schedule to the plaint concerned (hereinafter called the suit land). The suit land was described as follows : "Schedule of The Suit Land" Out of the land under old patta No. 421 corresponding to new patta No. 729-844 of village No.87(A) Khwai Bazar covered by C.S.Dag No.XVIII/226 of 226/326, situated at Paona Bazar, Imphal, the land forming 'L' shape, measuring an area of 10' from south to North and 35' from West to East and extending towards north on the eastern side upto 30' from the southern boundary line and 15' in width measuring from east to west which lies on the south western side of the patta land and bounded on the : North : Land of Th.Surchand Singh, South : Land of Md. Abdul Haque, East : Remaining land of patta, and West : Paona Road than remaining land of the patta on the northern portion."

(2.) This Revision petition is being disposed of without calling for the L.C.R, i.e. Lower courts' Records, as there is no pressure from either side for the same. In the revision-petition the contents of the plaint has not been reproduced, but it was briefly stated that the plaintiff/petitioner is the owner on the strength of purchase of the suit land and is in possession. But formal deed of transfer was not executed in his favour for which the suit was presented for declaration of his interest and for maintaining his possession by way of injunction etc. and for the execution of formal deed of transfer.

(3.) In this context the petitioner/plaintiff filed petition for injunction against the respondents-1 and 3 which was registered as Judl. Misc. Case No. 119 of 2000 and order of maintaining status quo was passed ex-parte on 14/8/2000, but finally by order dated 13/12/2000 the aforesaid order of status quo was vacated by the court of Civil Judge, Junior Division after considering the counter-affidavit filed by the respondent No. 1. Against the order of the trial court vacating the injunction, he preferred an appeal before the District Judge, Manipur East and the same was registered as Civil Misc. First Appeal No.2 of 2001. On registration of the miscellaneous appeal, the learned District Judge passed the following order :-