DIWAKAR TIWARI Vs. JUGAL KISHOR TIWARI

JUDGEMENT

(1.) HEARD learned counsel for the defendants -appellants and learned counsel for the plaintiffs -respondents.

(2.) THIS appeal has been filed by the defendants -appellants against order dated 3.2.2006/4.2.2006 by which the learned Subordinate Judge 1st Gopalganj allowed the injunction petition filed by the plaintiffsrespondents and directed the defendantsappellants to maintain status quo. The aforesaid suit out of which this Miscellaneous Appeal has arisen, was filed by the plaintiffs -respondents for partition of ancestral properties and the plaintiffs -respondents alleged that the defendants -appellants were making construction over the suit land.

(3.) FROM the averments made by learned counsel for the parties as well as the materials on records, it appears that the impugned order dated 4.2.2006 has been passed by the learned court below only on the assumption that there was an undertaking given by the defendants in their show cause that they did not want to make any construction. It is also apparent from the impugned order that the essential ingredients for passing such an order have not been considered by the learned court below.