PISHU VASWANI Vs. KISHAN CHAND VASWANI

JUDGEMENT

(1.) This appeal is directed against the order dated 9.10.2002 passed by the learned Munsiff, Shillong in Misc. Case No. 9 (H)/2002 arising out of Title Suit 8 (H)/ 1991 by which the ad-interim injunction order passed earlier vide order dated 21.6.2002 was vacated.

(2.) The facts material for the purpose of disposal of this appeal are that a title suit being Title Suit No. 8 (H)/ 1991 has been filed by the plaintiff/petitioner in the Court of learned Munsiff, Shillong in respect of the suit property mentioned therein. While the said suit was pending, an application for temporary injunction was filed which was registered and numbered as Misc. Case No. 9 (H)/2002. By order dated 21.6.2002, an adinterim injunction order restraining the defendants/respondents from making any construction over the suit land was passed.

(3.) On 1.7.2002, another petition was filed and the learned Munsiff by order dated 1.7.2002 issued direction to the Officer-in-Charge, Laitumkhrah Police Station to submit a detail report regarding the position of the building in question alleged to have been constructed by the respondents/defendants. On an application filed by the respondents/defendants on 4.7.2002 under Order 39, Rule 4, Code of Civil Procedure read with section 151, Civil Procedure Code, the learned Munsiff by his order dated 4.7.2002 stayed both the orders dated 21.6.2002 and 1.7.2002.