CHHATHU KUMAR Vs. KANHAIYA LAL SAH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India against the order dtd. 31/7/2017 passed by the learned Additional District Judge -X, Chapra in Miscellaneous Appeal No. 18 of 2016 by which Miscellaneous Appeal has been dismissed and order of trial court dtd. 14/3/2017 passed in T.S. No. 145 of 2013 has been confirmed in which prayer of injunction by plaintiff/ petitioners have been refused.

(3.) The brief facts of the case are that plaintiffs/ petitioners filed Title Suit No. 451 of 2012 for permanent injunction against defendants/ respondents from forcibly taking possession or making any structure on suit land which is northern 6 dhur portion of Plot No. 1289. Plaintiffs claim to use the suit land as Rasta for going over main road north of their house claiming that it is their ancestral land. Defendants claimed to have purchased the suit land from Lakhrajo Devi daughter of Jagannath Sah and threatening to take possession of the same and obstruct the Rasta of plaintiffs and other pattidars by making various structure. The plaintiffs/petitioners filed an injunction petition on 18/2/2014 under Order 39 Rule 1 and 2 and under 151 CPC which was dismissed vide order dtd. 14/3/2016. The petitioners preferred Miscellaneous Appeal No. 18 of 2016 which was also dismissed by impugned order dtd. 31/7/2017.