Heard. The record is taken up for passing the necessary order. Perused the petition dated 25.10.2021 under Order 39 Rule 1/2 of the 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 written objections, the plaint, and the case record. On such perusal, it appears to the court that the plaintiffs prayed for relief in the name of ‘temporary injunction’ against the O.P described in the petition.
It
also appears that in consideration of the submitted documents, including
possessory pieces of evidence 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 a hearing with the matters in question; the
petitioner underscored on the hearing on the petition, and heard both sides.
In
close scrutiny of the materials on record, it appears that the plaintiffs’
claim of prima facie title is based on two deeds and mutation Khatians. On the
contrary, the defendant's side takes resorts to the deed of gift by which they
claim 07 decimal of lands. But that very deed is not found on the materials on
record. The court is of opinion that this very deed of the defendant is a vital
consideration in the matter of present context. So, the defendant may submit the
same on the next date. However, the petitioner pleaded that the O.Ps are still trying
to change the types and the mode of possession in the suit lands.
On
further perusal of the materials on record, it appears that the petitioner has
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; 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 25.10.2021.
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.
The
defendant-side prayed for a time in submitting W.S. The time petition is hereby
allowed as last resort for the same.
The
next date is fixed on 15.06.2022 for hearing on the petitions for temporary
injunction and for W.S (last time).