DR.RITA SHARMA Vs. RADHESHYAM SINGH

JUDGEMENT

(1.) The interlocutory application has been filed by the appellant for restoration of possession over the suit property and mandatory injunction in their favour.

(2.) The appellants are the plaintiffs in the title suit and they have filed the Miscellaneous Appeal against the order dated 25.11.2008 passed by the 2nd Subordinate Judge, Bhojpur, Ara in Title Suit No. 369 of 2006 rejecting the injunction petition.

(3.) This Court by order dated 17.4.2009 admitted the appeal for hearing and issued notice to the respondents. It was also directed that the respondents are restrained from taking forcible possession and/or dispossessing the plaintiffs-appellants till the final disposal of the appeal. The present interlocutory application had already been filed on 24.2.2009 but since the appellants had not appeared on 17.4.2009 before this Court, it could not be brought to the notice of this Court that prior to the filing of the Miscellaneous Appeal on 22.12.2008 the purchaser allegedly alongwith local police officials and hundreds of persons went on the spot and dispossessed the plaintiffs-appellants and their family members by force on 20.12.2008 and took away several valuable articles including jewellery and garments of the family members of the plaintiffs. The matter has now come up for consideration by this Court.