OMPRAKASH JAT Vs. SITARAM MAHAJAN

JUDGEMENT

(1.) The plaintiffs-respondents (hereafter 'the plaintiffs) filed a suit for mandatory and permanent injunction, wherein in the application under Order 39, Rule 1 and 2 CPC on the basis of the Commissioner report, the trial court vide order dated 5.11.2014 granted temporary injunction in plaintiffs' favour and restrained the defendants-petitioners (hereafter 'the defendants') from throwing garbage, cow dung etc. on the 3 foot lane in question or create hindrance in passing therefrom. The defendants however in defiance of the restraint continued to throw garbage and cow dung etc. and obstruct passage. In the circumstance, the plaintiffs filed as advised an application under

(2.) This petition has now been filed by the defendants challenging the order dated 10.8.2018 passed by the appellate court.

(3.) Counsel for the defendants contended that second application under Order 39, Rule 1 and 2 CPC was not maintainable and the trial court so having rightly held, the appellate court acted perversely in setting aside its order and substituting its discretion for that of the trial court without lawful cause.