CHHOTELAL SAO Vs. BHIM RABIDAS

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India by the defendants-petitioners is directed against the order dated 10.5.2005 passed by the District Judge, Giridih in Misc. Appeal No. 25 of 2004, whereby he has dismissed the appeal filed by the petitioners against the order dated 3.12.2004 passed by the Munsif, Giridih in title suit No. 46 of 2002 refusing to grant injunction.

(2.) The facts of the case lie in a narrow compass:

(3.) The defendants-petitioners contested the suit claiming their title over the suit land and, further pleaded that if there is any defect in title, the same has been perfected by remaining in possession more than statutory period to the knowledge of all concerned including the plaintiffs. During the pendency of the suit, the. defendants-petitioners filed application under Order XXXIX, Rules 1 and 2 read with Section 151, CPC praying therein for grant of injunction restraining the plaintiffs from going over the suit land. It was alleged that the plaintiff in utter violation of the order passed under Section 145, Cr PC, they have unlawfully started digging the suit land for the purpose of cultivation. A rejoinder was filed by the plaintiffs opposing the said application. The Court of Munsif, after hearing the parties, rejected the petition filed by the defendants for the grant of injunction. The defendants-petitioners preferred an appeal being Appeal No. 25 of 2004 before the District Judge, Gtridih, who, by the impugned order, dismissed the appeal.