JIWACHH JHA Vs. GANESH JHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present application under Article 227 of the Constitution of India has been filed praying for quashing the order dated 27.04.2016 passed in M.A. No. 11 of 2015/12 of 2015 whereby the appellate court below has dismissed the appeal affirming the order for grant of injunction as prayed by the plaintiffs in the suit.

(3.) The dispute between the parties in the suit is over 27 decimal of land of C.S. Plot No. 2117 which was recorded as 'Gairmajarua Khas Kism Garha'. The suit has been filed in representative capacity asserting that the suit land 'Garha' is being used by the public at large of the village for the purpose of drinking water for the cattle as well as also for bathing and irrigation purpose. The defendants, however, claimed the suit land to be the private property of 'Mahanth' and claimed their entitlement to use the same as their private land. It would be pertinent to mention here that the defendant 2nd set by sale deed dated 22.06.2011 has sold the suit land to the defendant 1st set. The plaintiffs filed the petition under Order 39, Rule 1 (2) C.P.C. praying for grant of injunction restraining the defendant 1st set from filling up the suit land and from making construction over the same.