VIJAY KANT PANDEY Vs. STATE OF JHARKHAND REPRESENTED

JUDGEMENT

(1.) The petitioners are the plaintiffs and are aggrieved by the order passed in Original Suit No. 23/2017 by which the prayer for temporary injunction filed under Order 39 Rule 1 & 2 of CPC has been dismissed by the Trial Court and affirmed in appeal by the Principal District Judge, Latehar.

(2.) The petitioner filed the suit for declaration of title with respect to the land situated in Village Kinamarh, District Latehar. It is submitted by learned counsel for the petitioners that subsequently an amendment was allowed in favour of the plaintiff for incorporating the recovery of possession in the relief portion of the plaint.

(3.) The petition for temporary injunction has been rejected, inter alia, on the ground that a hospital is under construction by the State Government on the schedule property and, therefore, balance of convenience was not in favour of the plaintiff seeking relief of temporary injunction.