ANADI KUMAR DAS Vs. KHAGINDRA KUMAR DAS

JUDGEMENT

(1.) THIS miscellaneous Appeal has been preferred against the order dated 14.2.2000 passed by Subordinate Judge 7th, Muzaffarpur, in Partition Suit No. 180 of 1998, whereby the learned Sub - ordinate Judge has ordered to maintain status quo till the disposal of the suit.

(2.) IT has been submitted by the learned Advocate of the appellants that by passing the impugned order the learned Sub -ordinate Judge has virtually allowed the application of the plaintiff filed under Order 39 Rules 1 & 2 of the Code of Civil Procedure for grant of temporary injunction. He submitted that there is settled law that for getting an order of temporary injunction the party seeking order of grant of temporary injunction must prove that he has got prima facie case, balance of convenience lies in his favour and that if injunction is not granted he will suffer irreparable loss. Learned Advocate further submitted that the order does not disclose that any one of the requirements for grant of temporary*injunction has been fulfilled, rather, the observation made by the learned Sub - ordinate Judge in its order establishes beyond doubt that the plaintiff has got no case for grant of injunction. The learned Advocate of the appellants submitted that the above facts establishes beyond doubt that the impugned order is illegal and requires interference.

(3.) UNDER the circumstances, mentioned above, I am of the view that the impugned order is bad in law and the same requires interference. Accordingly, this Miscellaneous Appeal is hereby allowed and the impugned order dated 14.2.2000 passed by the learned Sub -ordinate Judge Vllth, Muzaffarpur, in Partition suit No. 180 of 1998 asking the parties to maintain status quo till the disposal of the suit is hereby set aside.