GAURDEV SINGH Vs. GRAM PANCHAYAT OF VILLAGE PABALA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 8-06-2006 passed by the Additional District Judge, Kaithal, vide which the appeal filed by respondents No. 1 and 2 herein against the order dated 27-04-2006 passed by the learned Additional Civil Judge (Sr. Divn.), Kaithal, granting ad-interim injunction in favour of the petitioners, was allowed and the application moved by the petitioners under Order 39 Rules 1 & 2 of the Code of Civil Procedure was dismissed.

(2.) THE suit was filed by the petitioner and respondent No. 3 for permanent injunction against the defendant-respondents under Order 1 Rule 8 CPC on the allegation that the suit land detailed in para 1 of the plaint was under the ownership of the plaintiffs-petitioner being proprietors/Biswedars of village and, therefore, they had got every right in the suit land. It was also pleaded that they had got share in the suit land being Jumla Malkan Bah Hakrast-Rakba and they had the interest in the suit land. As the proprietors are numerous in number, the suit was filed in representative capacity.

(3.) IT was further pleaded that now the defendant-respondents in collusion with the District Administration threatened the plaintiffs and other proprietors of the village by putting the suit land for auction for cultivation purposes. Along with the suit an application for temporary injunction was made.