LAKHI RAM SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is against the order dated 01.08.2018 passed in Civil Misc. Appeal No.15 of 2018 by the District Judge-XIV, Dhanbad by which the order dated 07.03.2018 passed in Original Suit No.583 of 2017 by the Civil Judge (Sr. Division)-II, Dhanbad, whereby and whereunder the prayer for grant of temporary injunction made in view of the provision under Order XXXIX Rule 1 and 2 read with Section 151 has been affirmed.

(2.) The brief facts of the case is that a Original Suit No. 583 of 2017 has been filed by the petitioners for confirmation of possession on declaration of title and injunction in respect of the land of Khata No.363/116, Plot no.851/745 comprising an area of 1.32 acres of Mouza Benagria within the district Dhanbad as mentioned in Schedule-A of the plaint. Accordingly to the petitioners they are having the possession over the said land since 18.05.1942 on payment of Salami rent and cess but without appreciating that aspect of the matter the authorities have taken decision for constructing 33/11 K.V. Electric Power Sub Station over the scheduled property from the month of October 2017 which led the petitioner to file the aforesaid original suit along with a petition under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure for restraining the respondent no.3 in making further construction over the property in question.

(3.) The original court vide order dated 07.03.2018 has rejected the aforesaid prayer against which appeal has been filed by invoking jurisdiction conferred under Order XLIII Rule 1(r) of the CPC being Civil Misc. Appeal No.15 of 2018 but the same has also been dismissed whereby and whereunder the order passed by the original court has been affirmed.