MD. NEZAMUDDIN Vs. SAHID ILIYAS

JUDGEMENT

(1.) The present writ petition has been filed against the order dated 6th April, 2005 passed by the learned Munsif-I, Dhanbad in Title Suit No.96 of 1998 by reasons of which an application filed by the plaintiffs/respondents under Order 26, Rule 9 of the Code of Civil Procedure has been allowed.

(2.) Heard learned counsels for the parties and perused the records.

(3.) It appears that the plaintiffs/respondents filed a suit, bearing Title Suit No.96 of 1998, in the court of learned Munsif-I, Dhanbad for declaration of title and confirmation of possession and also for permanent injunction as against the defendant/petitioner over Plot No.101, Khata No.2 within Mouza Gazuatand, P.S. Dhansar, District Dhanbad. The respondents also filed an application under Order 39, Rule 1 and 2 of the Code of Civil Procedure in the suit, praying for temporary injunction as against the petitioner, however, the same was refused by the learned Munsif vide order dated 26th September, 1998. Against the said order, the respondents preferred Misc. Appeal No.55 of 1998 in the court of learned Additional District Judge-XII, Dhanbad. The said miscellaneous appeal was dismissed with an observation that the defendant (petitioner herein) did not claim any right/title over Plot No.101A and 6 ft. encroachment has been admitted by him on Plot No.101, therefore, it would be in the fitness of things that no further construction would be made by the defendant on Plot No.101. Accordingly, both the parties were directed to maintain status quo till disposal of the suit and the learned Trial Court was directed to dispose of the case expeditiously.