SANJAY Vs. SUNITA

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 24.05.2019 (P-6) passed by learned Civil Judge (Junior Division), Bhiwani (hereinafter referred as 'trial Court'), whereby interim relief has been declined to the petitioners being plaintiffs.

(2.) Brief facts of the case are that petitioners filed a suit for permanent injunction restraining the defendants-respondents from interfering in their peaceful possession of the land measuring 5 Kanal 10 1/2 Marlas as disclosed in the head-note of the plaint being mortgagees. Along with the civil suit, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short 'CPC') for temporary injunction was also moved and the same is pending on 04.07.2019, but interim relief has been declined to the plaintiffs-petitioners while passing the impugned order. Hence, the present petition.

(3.) It is contended by learned counsel for the petitioners that 1 of 4 impugned order is not legally sustainable in view of the fact that same is absolutely non-speaking and learned trial Court has failed to take into consideration that respondents are not having any valid title over the land in dispute.