Heard. The record is taken up for passing the necessary order. Perused the petition under Order 39 Rule 1& 2 along with section 151 of the 1908 Code of Civil procedure, the supporting affidavit and other submitted documents in this regard, the plaint, and the suit record. On such perusal, it appears to the court that this is a suit for permanent injunction; and through the present petition, the plaintiffs have prayed for relief in the name of ‘temporary injunction’ against the defendants.
It also appears that considering the documents submitted
on the plaintiff’s behalf and other materials on record, the court found the
plaintiff to have prima facie case and
title to the land from which he is alleged to be restrained or dispossessed.
Accordingly, the court issued a show-cause notice upon the defendant as to why
the prayed relief is not to be granted. It further appears that the defendant is
duly served of the notice. But the defendants are yet to submit their
objection thereto. Meanwhile, the plaintiff has turned up today before the
court with a prayer for an ad-interim order in order to be protected from
unlawful interference in their possession to the suit land. On the hearing, it
was also claimed that the defendant keeps threatening for changing the types
and the mode of possession in the suit lands after the suit is filed.
On perusal of the materials on record, it appears
that the petition of the plaintiff has a good standing for demonstrating the existence
of threat for dispossession from and damages to the enjoyment of the suit
property. In such a condition, it is the court’s view that unless the defendant
is restrained as such, the mode of enjoyment, possession and the purpose of
the suit and the instant petition may be frustrated; and thus, the plaintiff appears
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 the temporary injunction, an ad-interim injunction may be issued against the defendant in the present context till the
disposal of the petition for temporary injunction dated 28/10/2021.
Hence, it is ordered
that an ad-interim injunction be issued against the
defendant till the disposal of the plaintiffs’ petition dated 28/10/2021. The
defendant is hereby restrained from changing the nature, character, and mode of possession in the suit lands by way of dispossession or interference
save in accordance with the law.
The Officer-in-Charge of the concerned police
station shall take the necessary steps to maintain the sanctity and force of this
order. Send copies of this order to the concerned attached with the requisite information
as to the suit lands.
Writs are to be put in at once.