SIRAJUDDIN Vs. ABDUL GAFFAR AND ORS.

JUDGEMENT

(1.) THE petitioner -defendant, Sirajuddin @ Vajir Miyan, is aggrieved by the order dated 22.3.2012 passed by the Additional District Judge No. 2, Ajmer whereby the learned Judge has set aside the order dated 22.12.2011 passed by the Civil Judge (Jr. Div.) West, Ajmer wherein the learned Magistrate had dismissed the application for temporary injunction filed by the respondents -plaintiffs, and has directed the parties to maintain status quo. The brief facts of the case are that the respondents -plaintiffs had filed a suit for permanent injunction. They claimed that they are the heirs of Late Shri Gosh Mohammad @ Chhotu Chobdar and of his daughter, Mst. Muniran Bivi. According to them, there is a burial ground recorded at Sr. No. 85 wherein they have been burying their forefathers and carrying out prayers for the departed souls. However, on 13.12.2011, the petitioner and few other persons threatened them and tried to dispossess them from the said burial ground. Thus, the plaintiffs filed a suit for permanent injunction against the petitioners and other defendants. Alongwith the suit, the respondent -plaintiffs filed an application under order 39, Rules 1 & 2 CPC.

(2.) ON the other hand, the petitioner and other defendants filed their written statement and pleaded that the petitioner had bought the said plot in 1984 from Niyaz Mohammad through an agreement. Ever since then, the petitioner has been in possession of the property. By order dated 22.12.2011, the learned Magistrate dismissed the application for temporary injunction. Since the respondent -plaintiffs were aggrieved by the said order, they filed an appeal before the learned Judge. By order dated 22.3.2012, the learned Judge allowed the appeal and set aside the order dated 22.12.2011. The learned Judge also directed both the parties to maintain status quo. Hence, this petition before this court.

(3.) HEARD the learned counsel for the petitioner and perused the impugned order.