UPENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 20.11.2018 passed by the learned District Judge, West Champaran at Bettiah in Misc. Appeal No.19 of 2018 whereby the appellate court dismissed the appeal and confirmed the order dated 08.08.2018 passed by the learned Munsif, Bettiah in Title Suit No.175 of 2017 whereby the petition field by the petitioner under Order 39 Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 filed by the petitioners has been dismissed.

(3.) Learned counsel for the petitioners submitted that both the courts below ought to have considered that from the facts and circumstances of the case the petitioners had good prima facie case and balance of convenience in their favour. He has submitted that if the impugned orders are allowed to be sustained, the petitioners may be dispossessed from the suit land, which would cause irreparable loss to them.