ASHMUNI DEVI Vs. NAGENDRA SINGH

JUDGEMENT

(1.) THIS civil revision petition has arisen out of order dated 28 -1 -98 passed by the Additional District Judge, Vth, Saran, Chapra, in Misc. Appeal No. 110 of 1996 whereby and whereunder the order dated 7 -9 -96 passed by the Munsif 1st Court, Chapra, in Misc. Case No. 6/93 under Order XXXIX, Rule 2 -A of the C.P.C. has been reversed.

(2.) THE petitioner and one Raghunath Singh filed Title Suit No, 61 of 1989 in the Court of 1st Munsif, Chapra, seeking a permanent injunction, restraining the defendants from cutting away and removing the banian tree from the lands as described in Schedule -! of the plaint. Later on sole plaintiff died and his widow Manrajo Devi was substituted in his place, and Manrajo Devi died, the petitioner became the sole plaintiff. A temporary injunction was sought for from the side of the plaintiff in the suit. Defendants gave undertaking to that effect that during the pendency of the suit, the appellants would not remove the Mango trees or the remaining part of the banian tree from the suit land and on that undertaking and acceptance of assurance given by the defendants the injunction petition was disposed of granting restraint order against the defendants. During the course of pendency of the suit, a Pleader Commissioner was appointed for a local inspection regarding the situation, stage and feature over the suit land.

(3.) A petition was filed by the plaintiffs in the suit on 29 -3 -93 under Order XXXIX, Rule 2 -A C.P.C. bringing allegation against the opposite parties that they had removed and cut away the dried up banian tree and as such they have violated the injunction order already granted in favour of the plaintiff -petitioner.