Heard. The record is taken up for passing the necessary order. Perused the petition dated 10.02.2022 and the petition dated 13.03.22 under Order 39 Rule 1/2 of along with section 151 of the 1908 Code of Civil procedure, the supporting affidavits in this regard, the written objections, the plaint, and the case record. On such perusal, it appears to the court through two petitions, the plaintiff No. 12 of the original suit (No. 51/99) prayed for relief in the name of ‘temporary injunction’ against the two sets of O.P described in two petitions.
It also appears that in consideration of the submitted documents, including possessory evidences on the petitioner’s behalf and other materials on record, the petitioners appeared to have prima facie title to the land from which he is alleged to be dispossessed. Accordingly, the court issued a show-cause notice upon the two sets of O.P. as to why the prayed reliefs are not to be granted. Being served of the notice, the O.P. appeared before the court and submitted written objections to the said petitions. On the other hand, being turned up for hearing with the matters in question, the petitioner underscored on the hearing on their petitions, but Ld. Advocate of the opposite party was present before the court and prayed for another date for hearing thereon.
On the other hand, the petitioner pleaded that the O.Ps are still trying to change the types and the mode of possession in the suit lands, and thus, prayed for an ad-interim order meanwhile. On perusal of the materials on record, it appears that the petitioner has a good standing for convincingly demonstrating the incidents of dispossession. In such a condition, it is the court’s view that unless the O.Ps are restrained as such, the mode of possession, type of the suit land may be changed; and the purpose of the suit and the instant petition may be frustrated; and thus, the petitioners appear to be prejudiced. In the background of such a condition and the nature of the instant case, the court is of view that instead of a temporary injunction, an ad-interim injunction may be issued against the O.Ps in the present context till the disposal of the respective petition for temporary injunction.
Hence, it is ORDERED that an ad-interim injunction be issued against the opposite parties till the disposal of the petition dated 10.02.2022 and 13.03.22. The opposite parties are hereby restrained from changing the nature, character, and the mode of possession in the suit lands by means of whatsoever.
Writs are to be put in at once.