RAMDHYAN YADAV Vs. BABULAL YADAV

JUDGEMENT

(1.) Heard the learned counsel for the petitioner as well as the learned counsel appearing on behalf of the sole Opposite party.

(2.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 4/8/2023 passed by learned District Judge-I, Palamau in Civil Misc. Appeal No.16 of 2022 arising out of Original Suit No.444 of 2021 whereby the learned court has been pleased to set aside the order dtd. 26/8/2022 passed by learned Civil Judge, Junior Division-I, Palamau under Order XXXIX Rule 1 and 2 read with Sec. 151 of the CPC.

(3.) Learned counsel for the petitioner submits that the petitioner is the plaintiff in the said suit and he has filed a petition under Order XXXIX Rules 1 and 2 of the CPC for injunction which has been allowed by the learned court. He submits that the petitioner is having registered document with regard to the land in question and considering this aspect of the matter, the learned trial court has allowed the injunction by the order dtd. 26/8/2022 and submits that on the appeal preferred by the defendant, the learned appellate court has wrongly reversed the said order and the spirit of injunction has not been rightly appreciated.