KAUSHLYA DEVI Vs. KAMLA DEVI

JUDGEMENT

(1.) This Regular Second Appeal was admitted on the following substantial questions of law:

(2.) Whether the judgments and decrees passed by both the courts below are illegal, erroneous, perverse and further without jurisdiction and are vitiated on account of grave procedural illegality and irregularity." 2. Facts that need to be noticed for the disposal of the appeal are like this. Respondent deceased Ragha Singh, hereinafter called plaintiff and now represented by his legal representatives, i.e. respondents No.1 to 5, filed a suit for permanent prohibitory injunction, restraining the appellants from raising construction on any portion of land, bearing Khasra No.557, measuring 403 square metres and also for mandatory injunction, directing them (appellants-defendants) to remove the construction, which they may happen to raise during the pendency of the suit. It was alleged that land bearing Khasra No.557, hereinafter called suit land, was joint of the plaintiff, present appellants, who were impleaded as defendants No.1 and 2 as also Gulab singh and Prabh Dayal, who were impleaded as proforma defendants.

(3.) An application, under Order 39 Rules 1 and 2 CPC had also been filed for temporary injunction. That application was allowed by the trial Court. Appeal was filed against that order before the District Judge, who disposed of the appeal, vide order dated 22.1.1998. When that appeal was being disposed of, a request was made by the counsel, representing both the parties that some Revenue Officer may be appointed as Local Commissioner to carry out partition of the suit land, by metes and bounds, so that the dispute between the parties was resolved once for all. Learned District Judge allowed that request and directed the trial Court to appoint a Local Commissioner, as per aforesaid wishes of the parties.