MANAK LAL Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This civil miscellaneous appeal of the plaintiffs is directed against an order passed by Mr. Bahadur Singh Chandwat, Additional District Judge, Udaipur on Sept. 21, 1984, whereby he dismissed their appeal and maintained the order of the Additional Civil Judge (2), Udaipur, by which the appellants request for temporary injunction was turned down.

(2.) Very few facts need narration for the disposal of this appeal. The plaintiffs instituted a suit for perpetual, prohibitory injunction against the defendants. It was averred by them that the defendants are raising unauthorised constructions in a plot of land. The constructions are likely to cause substantial injury to the plaintiffs. Along with the filing of the suit, the plaintiffs submitted an application under O.39, Rr. 1 and 2 of the C.P.C. and prayed that pending the final disposal of the suit, the defendants be restrained from raising constructions. The Learned Additional Civil Judge heard the parties and by his long and detailed order, dismissed the plaintiffs' application on Aug. 22, 1984. The plaintiffs went in appeal, which was heard and decided by the Additional District Judge, Udaipur. He maintained the order of the Additional Civil Judge and dismissed the plaintiffs' appeal on September 21, 1984. While dismissing the appeal, the Additional District Judge took the view that the plaintiffs had filed the suit on false, vexatious and frivolous grounds. He further took the view that in order to discourage such false litigations, the plaintiffs should be directed to pay compensatory costs under S.35-A(2) of the C.P.C. Accordingly, he imposed a sum of Rs. 2,000/- as compensatory costs on the plaintiffs and directed them to pay it to the defendants. Aggrieved against the said order, the plaintiffs have come-up in appeal.

(3.) I have heard the learned counsel for the parties and perused the orders of the courts below.