Heard. The record is taken up for passing the necessary order. Perused the petition dated 22.03.2022 under Order 39 Rule 1 & 2 of the 1908 Code of Civil procedure, and the petition for ad-interim injunction dated 17.05.2022, 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’ and on an urgent basis, an ad-interim order against the O.P. described in the petition.
In consideration of the submitted documents, including possessory pieces of evidence on the petitioner’s behalf and other materials available on record, the petitioner 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 O.P. as to why the prayed reliefs should not be granted. Although the notice of showcase was served upon the O.P., he is yet to appear before the court with his objections to the said petitions. On the other hand, having turned up before the court today for a hearing on the matters in question, the petitioner underscored the hearing on the petition; and heard the petitioner as such.
In close scrutiny of the materials on record, it transpires that, as the petitioner pleaded, despite having notice of this lawsuit, the O.P is 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 further 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; 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.P 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 party till the disposal of the petition dated 22.03.2022. The opposite party is 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 in accordance with the law to maintain the sanctity and the 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.