BALDEV SINGH Vs. SEWA SINGH

JUDGEMENT

(1.) THE petitioners have approached this Court through the present petition filed under Article 227 of the Constitution of India. They are aggrieved against the orders dated August 28, 2001 passed by the learned trial Court and orders dated August 1, 2002 passed by the learned District Judge. Vide the aforesaid orders, the prayer of the plaintiffs claiming ad- interim injunction has been declined and consequently their application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure was dismissed.

(2.) THE plaintiffs filed a suit for permanent injunction. It was claimed by them that they along with defendants are the co-owners of the suit property. However, it was claimed that the plaintiffs are in exclusive possession of the suit property. Accordingly, the plaintiffs maintained that the defendants have no right to dispossesses the plaintiffs from the suit land. Along with the suit, the plaintiff also moved an application under Order 39 Rules 1 and 2 of the Code claiming ad interim injunction.

(3.) THE learned trial Court found that the parties were the co-sharers of the suit land and the plaintiffs had failed to prove that they were in exclusive possession of the suit property. Accordingly, the application filed by the plaintiffs seeking ad interim injunction was rejected.