Heard. The record is
taken up for passing the necessary order. Perused the petition dated 22.03.2022 under
Order 39 Rule 1/2 along with section 151 of the 1908 Code of Civil procedure, and
the petition for ad-interim injunction dated 04.04.2022, supporting affidavits,
the plaint, and the materials available on record. On such perusal, it appears
to the court through the latter petition, the plaintiffs pray for relief in
the name of ‘ad-interim injunction’ against the defendants. The plaintiff underscores
for an ad-interim order by mentioning that a plot from the suit lands is
already forcibly made by the defendants out of their possession, and thus,
there arises an enormous threat of dispossessing the plaintiffs from other plots
of the suit lands as well.
However, it further
appears that in cognizance of the submitted documents on the petitioner’s behalf
and other materials on record, the petitioners appeared to have a prima facie case regarding the lands
from which they are alleged to be dispossessed. Accordingly, the court issued a
show-cause notice upon the O.Ps. as to why the prayed reliefs should not to be
granted as such. Being served of the notice, the O.Ps appeared before the court
and today, submitted written objections to the said petitions. Noticeably, today
the OPs have submitted their written objections. So it is opportune to proceed to hear the petition for a temporary injunction dated 22.03.2022 on the already fixed
date. Moreover, since today is fixed for hearing upon the petition for an ad-interim injunction dated 04.04.2022, the court is considering this petition
with the presence of both sides.
It transpires that
having turned up for a hearing with the matters in question, the petitioners emphasized
the hearing of their instant petition, and the opposite party also
participated in the hearing. As such, having placed some supporting documents, the
plaintiff petitioners pleaded for an urgent order on their behalf and also brought
a fact to the court’s notice that the defendants have already forcibly made
the plaintiffs out of their possession from the lands of 17 decimal from the plot
No. 292 of the suit lands. The petitioners also pleaded that the O.Ps are still
trying to change the types and their 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 the threats for 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; 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 22.03.2022. The opposite parties are hereby
restrained from changing the nature, character, and the mode of possession in
the suit lands by means of whatsoever.
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.
Keep the defendants’ written
objections on the record. The already fixed date being 25.05.2022 is for hearing
on the petitions for temporary injunction.