SHIV RAM Vs. NURATTA

JUDGEMENT

(1.) This appeal under Order 43, Rule 1 (r) of the Code of Civil Procedure is directed against the order dated 29-4-2005 passed by the learned District Judge, Bilaspur in CMP No. 138 of 2005.

(2.) The facts necessary for the decision of the case are that the respondents (hereinafter referred to as the plaintiffs), filed a suit for declaration that they are owners in joint possession in equal shares of land measuring 4.5 bighas comprised in Khewat No. 29, Khatauni No. 22, Khasra No. 3, situated at village Bhatoli, Pargana Bahadurpur, Tehsil Sadar, District Bilaspur, H. P. and for permanent prohibitory injunction restraining the appellant (hereinafter referred to as the defendant) not to interfere in the peaceful ownership and possession of the plaintiffs in the suit land.

(3.) The defendant filed an appeal against this judgment and decree before the learned lower appellate Court. Along with the appeal, he filed an application under Order 39, Rules 1 & 2, CPC for restraining the plaintiffs from interfering in his possession on the strength of the decree. In this application it was averred that it was the defendant who was in possession of the suit land. The said application has been dismissed by the impugned order, hence this appeal.