NANURAM Vs. JUVARU

JUDGEMENT

(1.) This revision is directed against the order of the Revenue Appellate Authority Udaipur, dated the 3rd December, 1962 whereby he partially accepted the appeal filed by Shri Juvaru against an interlocutory order of the Asstt. Collector, Bhilwara dated the 13th August, 1962, and confirmed the temporary injunction granted by him in respect of Khasra Nos. 231 and 247 in village Rampuria, Tehsil Sahada against the petitioners.

(2.) The facts of the case are that Juvara who has since expired had filed a suit for declaration and perpetual injunction against the petitioners in the Court of the Asstt. Collector, Bhilwara on the 6th July, 1962. Simultaneously, he moved the Court under O. 39, R. 1 of the C.P.C. for the grant of a temporary injunction to restrain the petitioners from interfering with the possession of the plaintiff -opposite party in the suit lands. The trial Court heard both the parties, and vide its order dated the 13th August, 1962 directed the petitioners not to interfore with the half share of the plaintiff - opposite party in Khasra Nos. 231, 232 and 247.

(3.) When an appeal against this order was preferred before the appellate Court by plaintiff opposite party, the latter modified the order as stated above in view of its finding that the order of the trial Court was ambiguous and in -consistent with the argument developed by the Court. The appellate Court vacated the injunction in respect of the half of Khasra No. 232 and confirmed the same in respect of Khasra Nos. 231 and 247, as it found that the plaintiff opposite -party were in possession of the same according to the Khasra Girdawari of St. year 2018. As regards Khasra No. 232 it felt that it would not be proper to issue injunction for half the share as this would cause confusion, the plaintiff opposite party having failed to establish specifically the area in his possession.