SHRIYA & ORS Vs. FARIYAD & ORS

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 1.2.2013 passed by the Judicial Officer, Gram Nyalaya, Gangpur City, and by the order dated 16.4.2013 passed by the Addl. District & Sessions Judge, Gangapur City. By the former order, the learned Magistrate has dismissed the petitioners' application under Order 39 Rule 1 and 2 CPC; by the latter order, the learned Judge has confirmed the order dated 1.2.2013, and has dismissed the appeal filed by the petitioners.

(2.) The brief facts of the case are that the petitioners had filed a suit for permanent and mandatory injunction against the defendant-respondents. According to them, by letters dated 24.1.1975, the petitioners were alloted four plots situated in Khasra No. 1411 in village Vazeerpur, by the Panchayat Samiti. According to them, they were in possession of the four plots. However, on 17.1.2008, the defendants came armed with lathis and tried to forcibly oust the petitioners from their land. Along with the suit, the petitioners also filed an application under Order 39 Rule 1 and 2 CPC for temporary injunction.

(3.) On the other hand, the defendant-respondents filed their written statement, wherein they denied the averments made in the plaint. According to them, the old Khasra No. 1411 was changed to new Khasra No. 4977. The said land was an agricultural land. According to them, they have been in possession of the said land. Therefore, they have also opposed the grant of temporary injunction. During the course of trial, the Commissioner inspected the property in dispute and submitted his report on 28.1.2008 before the learned trial court. By order dated 1.2.2013, the learned Magistrate dismissed the application under Order 39 Rule 1 and 2 CPC. Aggrieved by the said order, the petitioners filed an appeal before the learned Judge. However, the learned Judge by order dated 16.4.2013 has dismissed the appeal. Hence, this petition before this Court.