Heard. The record is taken up for passing the necessary order. Perused the petition dated 16.03.2022 under Order 39 Rule 1 & 2 and 151 of the 1908 Code of Civil procedure, 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 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 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 appears that the petitioner also pleaded that 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 16.03.2022. The opposite party is hereby restrained from
changing the nature, character, and the mode of possession in the suit lands by
means of whatsoever save in accordance with the law.
Writs are to be put in at once.