DHARMA SHEELA DEVI Vs. USHA DEVI

JUDGEMENT

(1.) The defendant of Title Suit No. 37 of 2010 has filed this writ application for quashing the order dated 27th July 2013 passed by Additional District Judge-IV, Danapur in Miscellaneous Appeal No.65 of 2011.

(2.) The respondent filed the aforesaid suit on the file of Munsif for declaration that the defendants have no right to make wall over the land situating towards south-west to the house of plaintiff and also to declare that the land as described in Schedule-I of the plaint is part and parcel of the plaintiffs purchased land of survey plot No. 746. The respondent filed an injunction petition before the court of Munsif for injunction against the present petitioners which after hearing was rejected. Against the said rejection order, the respondent filed Miscellaneous Case No. 65 of 2011 which after hearing was allowed and the petitioners-defendants were directed to maintain status quo till the final adjudication of the suit. The petitioners being aggrieved by the said order, have filed this writ application alleging that the court below has exceeded its jurisdiction in directing the petitioners for maintaining status quo over the land which is purchased land of these petitioners.

(3.) Heard learned counsel for the petitioners. Nobody appeared for the respondent.