Heard. The record is taken up for passing the necessary order. Perused the petition dated 12.06.2022 under Order 39 Rule 1 & 2 of the 1908 Code of Civil procedure, and supporting affidavits, the plaint, and the materials available on record. On such perusal, it appears to the court that the plaintiff has prayed for relief in the name of an ‘injunction’ against the defendants. In the hearing, the plaintiff-side underscores the fact that there arises an enormous threat by the defendant for dispossessing the plaintiffs from the specified lands mentioned in the schedule of the petition.
Noticeably, the petitioners pleaded that the O.Ps are still trying to change the types and their mode of possession in the suit lands and prayed for at least an ad-interim order meanwhile. The opposite party also participated in the hearing; and Defendant No. 1 (Ka)- 1(Cha) and 09, as well as the petitioner, are also heard and examined on this behalf. On careful and close scrutiny of the materials available on record, it conspicuously appears that the petitioner has a good standing for convincingly demonstrating the incidents of the threats for dispossession. Moreover, in cognizance of the submitted documents on the petitioner’s behalf and other materials on record, the petitioner thus appears to have a prima facie case regarding the lands, from which they are alleged to be dispossessed.
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, a show-cause notice should be issued; in addition
to an ad-interim injunction against the O.Ps in the present context till the
disposal of the respective petition for temporary injunction.
Hence, it is ORDERED that a fifteen days’
notice of show-cause be issued against the defendant No. 1 (Ka)- 1(Cha) and 09
to the suit as to why an injunction order should not be passed regarding the
land in question. Meanwhile, it is further ordered that an ad-interim injunction be issued against them till
further order on this behalf. The
opposite parties are 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.
Put requisite(s) at once.
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.
The next date is fixed on 05/07/2022 for FPH (plaintiff-side) and for further hearing on the petition for temporary injunction.