GURDEO SINGH Vs. MALLA SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dt. 10th Sept. 1984, passed by the learned District Judge, Sri Ganganagar in Misc. Appeal No. 33/84, reversing the order dated 20th April, 1984, passed by the learned Munsif on an application under Order 39, Rules 1 and 2, CPC.

(2.) THE learned Munsif vide order dated April 20, 1984, dismissed the application for the grant of temporary injunction. Aggrieved by the said order Mala Singh plaintiff preferred an appeal before the learned Distt. Judge, Sri Ganganagar. The learned District Judge inspected the site and after that passed impugned order. Learned District Judge dirceted the defendant not to demolish a Kotha which is in khasra No. 69. The learned Court also restrained the defendant from not interfering in the compound of the plaintiff.

(3.) THE main grievance of the learned Counsel for the petitioner is that the Appellate Court should not have interfered with the discretionary order passed by the learned Munsif. He submitted that no circumstances have been pointed out by the Appellate Court for interfering in the order passed by the learned Munsif. Controverting his submission, learned Counsel for respondents submitted that the order was passed after inspecting the site inspection the Appellate Court could notice that there was 3/1 -2 feet passage, in Kariarsingh's Compound. In my opinion the order passed by the learned District Judge is quite reasonable and no case is made out for any interference in this revision petition. There is no error of jurisdiction.